Suraksha Sports And Recreation ... vs The State Of Karnataka
2023 Latest Caselaw 7561 Kant

Citation : 2023 Latest Caselaw 7561 Kant
Judgement Date : 6 November, 2023

Karnataka High Court

Suraksha Sports And Recreation ... vs The State Of Karnataka on 6 November, 2023

Bench: M.Nagaprasanna

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                                                       NC: 2023:KHC:39461
                                                   WP No. 24213 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 6TH DAY OF NOVEMBER, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                     WRIT PETITION NO. 24213 OF 2023 (GM-POLICE)

               BETWEEN:

                     SURAKSHA SPORTS AND RECREATION CLUB (R)
                     NO.26/A, 7th CROSS, WARD NO.16
                     KRISHNARAJANAGARA
                     MYSORE DISTRICT - 571 602

                     REP BY ITS SECRETARY,
                     SRI. T P MANJUNATH,
                     S/O T A PUTTASWAMY,
                     AGED ABOUT 43 YEARS,
                     R/AT THANDRE VILLAGE,
                     HANASOGE POST,
                     SALIGRAMA TALUK
                     MYSORE DISTRICT - 17

                     REGISTERED BY KARNATAKA SOCIETY
Digitally signed
by PADMAVATHI      REGISTRATION ACT 1960
BK                                                          ...PETITIONER
Location: HIGH (BY SRI. PRATHEEP K C., ADVOCATE)
COURT OF
KARNATAKA
               AND:

               1.    THE STATE OF KARNATAKA
                     REP BY ITS SECRETARY,
                     HOME DEPARTMENT
                     VIDHANA SOUDHA,
                     BANGALORE 01

               2.    THE INSPECTOR GENERAL OF POLICE
                     MYSURU DIVISION,
                     MYSURU - 01
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                                        NC: 2023:KHC:39461
                                      WP No. 24213 of 2023




3.   THE SUPERINTENDENT OF POLICE
     MYSORE DISTRICT
     MYSORE - 18

4.   THE CIRCLE INSPECTOR OF POLICE
     K R NAGAR POLICE STATION,
     K R NAGAR,
     MYSORE DISTRICT - 17

5.   DEPUTY SUPERINTENDENT OF POLICE
     MYSORE RURAL DISVISION,
     MYSORE DISTRICT - 17

6.   THE SUB-INSPECTOR OF POLICE
     K R NAGAR POLICE,
     MYSORE DISTRICT - 17
                                           ...RESPONDENTS
(BY SRI.MANJUNATH K., HCGP)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR THE PLAY OF SKILL GAMES SUCH AS
CHESS, CAROM, TABLE TENNIS, CARDS (RUMMY, JACKPOT
AND BEST OF SEVEN) AND OTHER INDOOR AND OUTDOOR
GAMES FOR THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL
SERVICES AND ETC., IN THE PREMISES OF CLUB BEING RUN
UNDER THE NAME AND STYLE OF SURAKSHA SPORTS AND
RECREATION CLUB (REGD), NO. 26/A, 7TH CROSS, WARD NO.
16, KRISHNARAJANAGAR, MYSORE DISTRICT-02 EITHER
UNDER THE KARNATAKA POLICE ACT OR UNDER THE
PROVISIONS OF LICENSING AND CONTROLLING OF THE PLACE
OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN
THE PLAY OF SKILL ORIENTED GAMES AS MENTIONED ABOVE
THE PETITIONERS CLUB PREMISES.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                               NC: 2023:KHC:39461
                                           WP No. 24213 of 2023




                             ORDER

Heard Sri. Pratheep K.C., learned counsel appearing for

the petitioner and Sri. Manjunath K, the learned HCGP

appearing for the respondents.

2. The petitioner is before this Court, seeking for the

following prayer:

"Issue a writ of Mandamus or in the nature thereof or any other appropriate writ, order or direction, directing the respondents to not to insist upon the petitioner to obtain license for the play of skill games such as chess, carom, table tennis, cards (Rummy, jackpot & best of seven) and other indoor and outdoor games for the benefit of its members and also social services and etc, in the premises of club being run under the name & style ofSuraksha sports & recreation Club (Regd), No.26/A, 7th cross, ward No.16, Krishnarajanagar, Mysore district-02 either under the Karnataka police act or under the provisions of licensing and controlling of the place of public amusement order and not to interfere in the play of skill oriented games as mentioned above in the petitioner's club premises.

Issue a writ of Mandamus directing the respondents not to interfere in the lawful activities of petitioner's club.

To pass any such other as this Hon'ble court deems fit in the circumstances of the case 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

NC: 2023:KHC:39461 WP No. 24213 of 2023

judgment rendered by the Co-ordinate Bench in the case of

M/S NAVARANG ASSOCIATION Vs. THE STATE OF

KARNATAKA1, the Co-ordinate Bench has held as follows:

"Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.

2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (between The Media N. Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with 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

W.P.No.38068/2015 disposed on 09.09.2015

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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 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."