Karnataka High Court
Akhila Karnataka Patrakarthara ... vs The State Of Karnataka on 19 June, 2023
Bench: C.M. Poonacha
-1-
NC: 2023:KHC:21090
WP No. 12449 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 12449 OF 2023 (GM-POLICE)
BETWEEN:
AKHILA KARNATAKA PATRAKARTHARA
KREEDA MANORANJANA MATTU
SAMSKRUTHIKA SANGHA,
(REGISTERED UNDER KARNATAKA SOCIETIES
REGISTRATIONS ACT, 1960),
NO. 290, 1st STAGE, 6th PHASE,
WEST OF CHORD ROAD,
BASAVESHWARANAGAR,
BENGALURU - 560 079,
REPRESENTED BY ITS SECRETARY,
SRI. VIJAYA KUMAR,
AGED ABOUT 56 YEARS.
...PETITIONER
(BY SRI. R. BHADRINATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed BY ITS SECRETARY,
by BELUR
RANGADHAMA HOME DEPARTMENT,
NANDINI VIDHANA SOUDHA,
Location: HIGH BENGALURU - 560 001.
COURT OF
KARNATAKA
2. THE COMMISSIONER OF POLICE,
INFANTRY ROAD, BENGALURU CITY,
BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER OF POLICE,
BENGALURU WEST DIVISION,
BENGALURU - 560 015.
4. THE ASSISTANT COMMISSIONER OF POLICE,
VIJAYANAGAR SUB-DIVISION,
OFFICE AT BASAVESHWARANAGARA,
POLICE STATION BUILDING,
-2-
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WP No. 12449 of 2023
BASAVESHWARANAGARA,
BENGALURU - 560 079.
5. THE INSPECTOR OF POLICE,
BASAVESHWARANAGAR POLICE STATION,
BENGALURU 560 079.
6. THE ASSISTANT COMMISSIONER POLICE,
CITY CRIME BRANCH,
CHAMARAJAPET,
BENGALURU - 560 018.
7. THE INSPECTOR OF POLICE,
CITY CRIME BRANCH,
CHAMARAJAPET,
BENGLAURU - 560 018.
...RESPONDENTS
(BY SRI. RASHMI PATEL, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
PETITIONER IS NOT REQUIRED TO OBTAIN ANY PERMISSION OR
LICENSE UNDER THE PROVISIONS OF LICENSING AND
CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER TO
PLAY INDOOR GAMES SUCH AS RUMMY(CARD GAME) CHESS CAROM
BILLIARDS/SNOOKER, SKILLED GAMES AND OTHER INDOOR AND
OUTDOOR GAMES FOR THE BENEFIT OF ALL ITS MEMBERS AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned AGA is directed to take notice for respondent
Nos.1 to 7.
2. The present writ petition has filed seeking following
prayers:-
"i) To declare that the petitioner is not required to
obtain any permission or license under the provisions of
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WP No. 12449 of 2023
Licensing and Controlling of Places of the Public
Amusement order to play Indoor Games such as
Rummy(Card Game), Chess, Carom, Billiards/Snooker,
Skilled games and other indoor and outdoor games for
the benefit of all its members;
ii) To issue a writ of Mandamus directing the
respondents not to insist upon the petitioner to obtain
the license from the provisions of Licensing and
Controlling of Places of the Public Amusement Order
with the recreational activities to be carried on by the
members of the petitioner association situated at
No.290, 1st stage, 6th phase, west of chord road,
Basaveshwaranagar, Bengaluru-560079 &;
iii. To issue such other reliefs as it deems fit to grant in
favour of the petitioner by this Hon'ble Court in view of
the facts and circumstances of the cases, in the interest
of justice."
3. It is the case of the petitioner that the petitioner is
an association is a recreation club registered under the
Karnataka Societies Registrations Act, 1960 vide registration
No.DRB/SOR/16/2023-24 dated 11.04.2023 and carrying on
various recreational activities.
4. Learned counsel for petitioner submits that relief
sought for in the writ petition covered by the judgment of the
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WP No. 12449 of 2023
Co-ordinate Bench of this Court vide order dated 25.11.2022
passed in WP No.22854/2022.
5. Learned AGA appearing for the respondents has not
disputed the submission of the counsel for petitioner that to
relief sought for in this petition is covered by the order of the
Co-ordinate Bench passed in WP No.22854/2022.
6. In view of the insistence by the respondents to
obtain permission or license under the Provisions of Licensing
and Controlling of Places of the Public Amusement, the Co-
ordinate Bench of this Court after noticing the relevant
provisions and earlier judgments has at paragraphs 10 and 11
of the order, held as under:-
"10:- In light of the catena of judgments stated supra
and in view of sub-clause (14) ad (15) of Section 2 of
the Karnataka Police Act, 1963 where the licencing of
any place of the said order is required only when it is a
place of public amusement or it is public entertainment.
11:- In the present case, the club is an
association for providing recreational activities to its
members and the members of the public are not entitled
to demand any entrance either freely or on payment of
the any sum and the entry is restricted as per the terms
of the byelaws to its members only. Therefore, in light
of the settled proposition of law that it is not necessary
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to obtain any permission or licence for the purpose of
carrying on recreational activities by any club or
association as observed in the judgments stated supra,
the respondent police authorities insisting upon the
petitioner to get licence under the provisions of the
Karnataka Police Act, is arbitrary and unreasonable and
calls for interference. The authorities concerned should
not act with a presumption that every society or
association or club registered for the purpose of running
the club will be indulging in unlawful activities and with
the realization that the power of surveillance and raids
is to be used in bona fide exercise of powers to enforce
the provisions of the Act, however, it is open for the
respondent-police authorities to verify and find out the
nature of the activities, if need arises, so that the club
premises may not be used for any illegal activities.
Consequently, the respondents are directed not to
interfere with the lawful activities of the petitioner's
association."
7. In view of the fact that the petitioner in this writ
petition is an Association carrying on recreational activities, in
the light of the judgment of the Co-ordinate Bench, the above
writ petition is also liable to be disposed of by issuing similar
direction.
8. In view of the aforementioned, respondents are
directed not to interfere with the lawful activities of the
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WP No. 12449 of 2023
petitioner-Association. However, it is open for the respondent-
Police Authorities to verify and find out the nature of the
activities, if need arise, so that the club premises may not be
uses for any illegal activities.
With the aforesaid directions, this writ petition is
disposed of.
Sd/-
JUDGE
CPN
