Karnataka High Court
Shree Tungabhadra Hangami ... vs The State Of Karnataka on 11 January, 2023
Bench: M.Nagaprasanna
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WP No. 450 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 450 OF 2023 (GM-POLICE)
BETWEEN:
1. SHREE TUNGABHADRA
HANGAMI NOUKARARA
MANORANJANA SANGHA (R)
AT 1ST CROSS, GARDEN AREA,
1ST FLOOR, KANNAN BUILDING,
SHIVAMOGGA-577 201.
REPRESENTED BY ITS PRESIDENT
SRI. MANJUNATHA @
VATAL MANJUNATHA
AGED ABOUT 45 YEARS,
S/O SOMANNA.
...PETITIONER
(BY SRI. R. MANJUNATHA, ADVOCATE FOR
SRI. GADILINGAPPA G.M., ADVOCATE)
Digitally signed by
PADMAVATHI B K AND:
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
REP BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
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WP No. 450 of 2023
2. THE SUPERINTENDENT OF POLICE
SHIVAMOGGA DISTRICT-577 201.
3. THE DEPUTY SUPERINTENDENT OF POLICE
SHIVAMOGGA,
SHIVAMOGGA DISTRICT-577 201.
4. THE CIRCLE INSPECTOR OF POLICE
DODDAPET POLICE STATION,
SHIVAMOGGA DISTRICT-577 201.
...RESPONDENTS
(BY SRI. B.V. KRISHAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NOT TO INSIST UPON THE
PETITIONER TO OBTAIN THE LICENSE TO CARRY ON THE
LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONERS
SANGHA, UNDER THE KARNATAKA POLICE ACT AND NOT TO
INTERFERE IN THE PLAY OF SKILLED ORIENTED GAMES LIKE
RUMMY, CARROM, POKER, CHESS AND OTHER GAMES WHICH
ARE THE GAMES OF SKILL AS HELD BY THIS HONBLE COURT
IN VARIOS WP.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 450 of 2023
ORDER
Heard Sri. Manjunath R., learned counsel, for Sri.
Gadilingappa G.M., learned counsel appearing for the petitioner
and Sri. B.V. Krishan, the learned AGA appearing for the
respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
"a. Issue a writ in the nature of mandamus or any
other appropriate writ, order or directions, directing the
respondents not to insist upon the petitioner to obtain
license to carry on the lawful activities in the premises of
the petitioner's Sangha, under the Karnataka Police Act
and not to interfere in the play of skilled oriented games
like Rummy, Carrom, Poker, Chess and other games
which are the games of skill as held by this Hon'ble court
in various writ petitions.
b. Pleased to declare that the petitioner Sangha does
not require any license from the respondents to carry on
the lawful activities at the petitioner's Sangha premises.
c. Grant any other relief/s as this Hon'ble court
deems to be fit to grant in the above circumstances, in
the interest of justice and equity.
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by the Co-ordinate Bench in the case of
SRI. THUNGABHADRA HANGAMI Vs. THE STATE OF
WP No. 450 of 2023
KARNATAKA AND ORS1, the Co-ordinate Bench has held as
follows:
"Learned High Court Government Pleader is
directed to take notice for the respondents.
2. I have heard the learned counsel for the
parties.
3. The point in the issue is covered by the
decision of this Court in W.P.No.30071/2014 dated
15-10-2014 (between The Media N Members Club
vs. State of Karnataka and Others). In that case,
this Court issued the following directions:-
"(i) The petitioner shall install within a period
of six weeks, CC TV cameras, at all the
places of access to its members and also at
all the places, wherein games(s) is / are
played by the members. The CC TV footage
of at least prior 15 days' period shall be
made available by the petitioner, to the
police, as and when called upon to do so.
(ii) The petitioner shall issue identity card(s)
to all its member(s), which shall be produced
by the member(s), when called upon by the
police, during the raid(s) and surveillances
etc.
(iii) The petitioner shall not allow any non-
member(s) or the guest(s) of the member(s),
to make use of its premises for the purpose
of playing any kind of game(s) or recreational
activities.
(iv) The petitioner shall not permit any
activity by any of its member(s), by indulging
in acts of amusement, falling within the
definition of Ss.2(14) & 2(15) of the Act and
W.P.No.1119/2015 disposed on 14.01.2015
WP No. 450 of 2023
shall not permit any game(s) of chance as
per Explanation (II) of Sub- section (7) of
Section 2 of Karnataka Police Act, 1963. The
member(s) shall not be allowed to play any
kind of game(s) with stakes or make any
profit or gain out of the game(s) played.
(v) The petitioner shall put proper
mechanism in place and shall ensure that no
game(s) is played in any unlawful manner by
the member(s). If the police find that
game(s) played is contrary to any law and in
violation of the settled practice, it is open to
them to take action against petitioner and
the offenders, in accordance with law.
(vi) The jurisdictional police shall have liberty
to visit premises periodically and/or on
receipt of any information about any unlawful
activity being carried on in the petitioner's
premises.
(vii) The respondents are directed not to
interfere with the lawful recreational activities
carried on by the members of the petitioner -
Club / Association.
(viii) It is made clear that this order would
not come in the way of the jurisdictional
police invoking the provisions of the Act and
taking action in accordance with law, if the
member(s) of the petitioner are found to
have indulged in any unlawful or immoral
activities."
This writ petition is also disposed of in the
aforesaid terms.
4. Learned High Court Government Pleader is
permitted to file memo of appearance within a period of
eight weeks from the date of receipt of a copy of this
order. No costs."
WP No. 450 of 2023
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench and the facts
being undisputed, the petition stands disposed on the same
terms.
Sd/-
JUDGE
JY
