M/S Sriram Sports And Recreation ... vs The State Of Karnataka
2023 Latest Caselaw 7564 Kant

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                                                       NC: 2023:KHC:39460
                                                    WP No. 24041 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. 24041 OF 2023 (GM-POLICE)


               BETWEEN:

                     M/S SRIRAM SPORTS
                     AND RECREATION CLUB
                     HOLALU ROAD, MANDYA CITY,
                     MANDYA DISTRICT-571401,
                     REG. UNDER KSR ACT 1960,
                     REP BY ITS SECRETARY,
                     SRI K N AJITH KUMAR,
                     S/O NANJUNDAIAH,
                     AGED ABOUT 35 YEARS,
                     KACHIGERE MANDYA TALUK,
                     MANDYA DISTRICT-571404
                                                            ...PETITIONER
               (BY SRI. PRASANNA, ADVOCATE)

Digitally signed AND:
by PADMAVATHI
BK
                 1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF            REP. BY ITS PRINCIPAL SECRETARY,
KARNATAKA           HOME DEPARTMENT,
                     VIDHANA SOUDHA,
                     BENGALURU-560001

               2.    THE SUPERINTENDENT OF POLICE
                     MANDYA DISTRICT,
                     MANDYA-571401

               3.    THE DEPUTY SUPERINTENDENT OF POLICE
                     MANDYA,
                     MANDYA DISTRICT-571401
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                                                NC: 2023:KHC:39460
                                             WP No. 24041 of 2023




4.   THE CIRCLE INSPECTOR OF POLICE
     MANDYA RURAL,
     MANDYA DISTRICT-571401

5.   THE SUB-INSPECTOR OF POLICE
     MANDYA RURAL POLICE STATION AT MANDYA,
     MANDYA DISTRICT-571401

                                                    ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS NOT TO INSIST THE PETITIONER TO OBTAIN
ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES INCLUDING
RUMMY IN THE PREMISES OF THE PETITIONER EITHER UNDER
THE LICENSING THE CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT ORDER OR UNDER THE KARNATAKA POLICE ACT
AND TO DIRECT NOT TO INTERFERE WITH THE RECREATIONAL
AND OTHER LAWFUL ACTIVITIES CARRIED ON THE
PETITIONERS ASSOCIATION / CLUB IN ANY MANNER.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

Heard Sri. Prasanna, 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:

"1. ISSUE a writ of mandamus or any Issue other writ. Direction, order, in the nature thereby directing the Respondents not to insist the Petitioner to obtain any license to carry on lawful activities including Rummy in

NC: 2023:KHC:39460 WP No. 24041 of 2023

the premises of the Petitioner either under the Licensing and Controlling of places of Public Amusement order or under the Karnataka Police Act and to direct not to interfere with the recreational and other lawful activities carried on the Petitioner's Association/Club in any manner, in the interest of Justice and Equity.

2. Any other relief which is deemed fit in the facts and circumstances of the case and 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

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

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

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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 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.

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(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. 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

KG