Karnataka High Court
Jaki Recreation Association vs The State Of Karnataka on 17 July, 2023
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-D:7295
WP No. 104268 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 104268 OF 2023 (GM-POLICE)
BETWEEN:
JAKI RECREATION ASSOCIATION,
HEAD OFFICE AT: NAVALGUND-580 029,
BRANCH AT: H.NO. 231, PALA PANCHAYAT,
TQ: MUNDAGOD, DIST: UTTAR KANADA-581 349,
REPRESENTED BY ITS PRESIDENT,
SHRI NINGANGOUDA
S/O. RUDRAGOUDA KANKANWAD,
AGE: 50 YEARS, OCC: BUSINESS,
R/AT: SHIGGAON, TQ: SHIGGAON, DIST: HAVERI-
581 193.
...PETITIONER
(BY SRI GOURISHANKAR H. MOT, ADVOCATE)
AND:
VIJAYALAKSHMI
M KANKUPPI
Digitally signed by
VIJAYALAKSHMI M
KANKUPPI
1. THE STATE OF KARNATAKA,
Location: High Court
of Karnataka,
Dharwad
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
DR. B. R. AMBEDKAR VEEDHI,
BENAGALURU-560 007.
2. THE SUPERINTENDENT OF POLICE,
UTTAR KANNADA-581 336.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
SIRSI, DIST: UTTAR KANNADA-581 402.
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WP No. 104268 of 2023
4. POLICE INSPECTOR,
MUNDAGOD POLICE STATION,
TQ: MUNDAGOD,
DIST: UTTAR KANNADA-581 349.
...RESPONDENTS
(BY SRI PRASHANT V. MOGALI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTIONS, DIRECTING THE RESPONDENTS NO. 4
NOT TO INSIST UPON THE PETITIONER TO OBTAIN THE
LICENSE TO CARRY IN LAWFUL ACTIVITIES PERTAINING TO
THE PETITIONER'S ASSOCIATION, BRANCH AT: H.NO.231,
PALA PANCHAYAT, TQ: MUNDAGOD, DIST: UTTAR KANNADA-
581 349 EITHER UNDER THE LICENSING AND CONTROLLING
OF THE PLACES OF PUBLIC ENTERTAINMENT AMUSEMENT ACT
OR UNDER KARNATAKA POLICE ACT AND NOT TO INTERFERE
IN THE PLAY OF SKILL DART GAMES LIKE CRICKET, KABADI,
KARATE, CAROM, CHESS, SNOOKER, VOLLEYBALL, RUMMY
(NON GAMBLING), CARDS GAMES ETC., WHICH ARE THE
GAMES OF SKILL.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and
learned HCGP representing the respondents.
2. This petition is filed by the petitioner seeking writ of
mandamus by way of directions to the 4th respondent not
to insist upon the petitioner to obtain license to carry on
lawful activities and not to interfere in the game of skill
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dart games like cricket, kabaddi, karate, carom, chess,
snooker, volleyball, rummy (non gambling), cards and
games etc.
3. Petitioner is a Association under the name of Jaki
Recreation Association registered under the Karnataka
Societies Registration Act, 1960 vide registration
No.DRDW/SOR/ 613/2022-2023 dated 30.12.2022.
Petitioner association provides for its members religious
gatherings, philosophical discussions and other sports
activities like cricket, kabaddi, karate, carom, chess,
snooker, volleyball, rummy (non gambling), cards, games
and etc., It is the grievance of the petitioner that
respondent No.4 started insisting the petitioner to obtain
license under the provisions of Karnataka Police Act, 1963
and also under the license of controlling of places of public
amusement order. Whereas, respondents have given
ultimatum and warning to close down the Association
otherwise they would lock the premises. Therefore,
petitioner is before this Court due to the high handedness
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and arbitrary manner of respondent Nos.2 to 4 are trying
to close down the Association or restrain them from
conducting their legal activities in the Association.
4. Learned HCGP for respondents contends that no such
coercion or force has been made to the petitioner-
Association to obtain license and sign any documents nor
interfere with the activities of the petitioner-Association.
He further contends that the respondents being the
jurisdictional Police authorities are visiting the Association
to monitor whether any illegal or unlawful activities are
being conducted in the petitioner-Association. Apart from
that there is no intention of the respondents either in
coercing the petitioner from obtaining the license to those
activities which are not required to be obtained by law, or
in any other manner whatsoever. Hence, he contends that
this petition is premature. As no such order has been
issued or given to the petitioner to obtain license or to
shut down the premises run by the petitioner.
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5. Learned counsel for the petitioner relies on the
judgment of this Court in the case of Blue Line Video
Games Associates, Bangalore Vs. State of Karnataka
and others reported in (2013) 2 KLJ 177.
6. Admittedly, petitioner is a Association registered
under the Karnataka Societies Registration Act, 1960
having registered under the Karnataka Societies
Registration Act in accordance with law has been running
certain activities in the Association and also imparting
recreation and sports activities to the members of the
Association, entry is restricted to the members of the
Association. The members of the Association are involved
in playing games as stated above. When the petitioner is
not involved in conducting or running any unlawful
activities in the Association, the respondent Nos.2 to 4
cannot insist upon them to obtain license or permission for
those games and sports activities for which no license is
required under law. Of-course, it is necessary for the
petitioner to obtain license to run any of the
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activities/sports for which any license is prescribed under
the law.
7. Learned counsel has also relied upon the judgment of
this Court in the case of Kings Social Club Handigund
Vs. State of Karnataka, in W.P.NO.105936/2022 dated
16.12.2022, wherein this Court in similarly situated
circumstances has issued certain guidelines to the writ
petitioner therein. Admittedly, on query to the petitioner's
counsel, there is no installation of CCTV camera in the
Association premises and she also submits that the entry
to the club is restricted only to the members of the club by
way of issue of identity cards and persons who are not
members are not permitted to enter into the club.
Therefore, the contention of the petitioner that the
respondents are insisting to obtain necessary license to
run the Association belonging to the petitioner would have
to close down the Association is to be seen from the angle
of whether the petitioner is running illegal and unlawful
activities in the Association and if no such activities are
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being run by the petitioner, petitioner is entitled to run the
Association without any license for sports activities as per
law.
8. The guidelines issued in paragraph 2 of the above
said order are as under-
"(i) The petitioner shall install CC TV cameras at all the places
of access to its members and also at all the places, wherein
game(s) is/are played by the members within a period of six
weeks. The CC TV footage of atleast prior 15 days' period shall
be made available by the petitioner to the jurisdiction 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 concerned police, during the raid(s),
surveillance, 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 games 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 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 jurisdiction police find that the
game(s) played is/are contrary to any law and in violation of
the settled practice, it is open to them to take action against
the petitioner and the offenders, in accordance with law.
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(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's-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 is/are found to have indulged in any unlawful
or immoral activities."
No order as to costs."
9. Accordingly, I pass the following:
ORDER
(i) Petition is partly allowed.
(ii) The respondents shall not insist
upon the petitioner to obtain license, for
conducting lawful legal activities which does not
require licence to be obtained for running or
conducting any of the games in the
petitioner/Association.
(iii) However, it is made clear that the
respondents who are the agency of the State
cannot be restrained from conducting inspection
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or enquiry by visiting the Recreation Association
of the petitioner to monitor if there are any
illegal unlawful activities which call for licence to
be obtained and if such visit is made by the
respondents, petitioner shall permit them to
inspect and conduct the enquiry as
contemplated under Section 78 of Karnataka
Police Act, 1963.
Sd/-
JUDGE
CKK
