Prince Recreation Association vs The State Of Karnataka
2023 Latest Caselaw 7565 Kant

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                                                          NC: 2023:KHC:39462
                                                      WP No. 24245 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. 24245 OF 2023 (GM-POLICE)

                BETWEEN:

                      PRINCE RECREATION ASSOCIATION
                      NO.1382, SARASWATHI BADAVANE,
                      NEAR KSS COLLEGE,
                      NITTUVALLI,
                      DAVANAGERE-57003

                      REP BY ITS SECRETARY,
                      SANJAY JADAV S.
                      S/O. SHIVAJI RAO M,
                      AGED ABOUT 33 YEARS,
                      OCC BUSINESS,
                      NO.404/4, SKP ROAD,
                      SHIVAJINAGARA,
                      OLD OFICE GALLI,
                      DAVANGERE-577001
                                                               ...PETITIONER
Digitally signed by
PADMAVATHI B K
                    (BY SRI. HIREMATHAD M.R., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA           AND:

                1.    THE STATE OF KARNATAKA
                      REP. BY THE PRINCIPAL SECRETARY,
                      DEPARTMENT OF HOME,
                      VIDHANA SOUDHA,
                      DR. AMBEDKAR VEEDHI,
                      BENGALURU-560001

                2.    THE DEPUTY COMMISSIONER
                      DAVANAGERE DISTRICT,
                      DAVANAGERE-577002
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                                           NC: 2023:KHC:39462
                                        WP No. 24245 of 2023




3.   THE SUPERINTENDENT OF POLICE
     DAVANAGERE DISTRICT,
     DAVANAGERE-577002

4.   THE SUB-INSPECTOR OF POLICE
     KTJ NAGARA, POLICE STATION,
     DAVANAGERE-577002

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

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT
THE PETITIONER ASSOCIATION IS NOT REQUIRED TO OBTAIN
MY PERMISSION OR LICENSE UNDER THE PROVISIONS OF
LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC
AMUSEMENT ORDER AND DIRECT THE RESPONDENTS NOT TO
INTERFERE WITH THE RECREATIONAL ACTIVITIES CARRIED
ON BY THE MEMBERS OF PETITIONER ASSOCIATION.

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

                            ORDER

Heard Sri. Hiremathad M R., 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:

"Wherefore, the petitioner herein respectfully pray that, this Hon'ble court be pleased to Issue a writ, declaring that the Petitioner Association is not required to obtain my permission or license under

NC: 2023:KHC:39462 WP No. 24245 of 2023

the provisions of Licensing and Controlling of Places of the Public Amusement Order and direct the Respondents not to interfere with the recreational activities carried on by the members of Petitioner Association and pass such other order/orders as this Hon'ble Court and pass such other order or direction 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

NC: 2023:KHC:39462 WP No. 24245 of 2023

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