Sri Vinayaka Sports And ... vs The State Of Karnataka
2023 Latest Caselaw 7807 Kant

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                                                        NC: 2023:KHC:41297
                                                      WP No. 23754 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 18TH DAY OF NOVEMBER, 2023

                                         BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                       WRIT PETITION NO. 23754 OF 2023 (GM-POLICE)


                 BETWEEN:

                       SRI VINAYAKA SPORTS AND RECREATION
                       ASSOCIATION
                       MARUTHINAGARA
                       S.NO.216, NEAR COFFEE DAY
                       MARUTHINAGARA, MANANGI POST
                       KASABA HOBLI, SIRA - 572139
                       TUMAKURU DISTRICT
                       REPRESENTED BY ITS PRESIDENT
                       SRI B.S KESHAVA MURTHY
                                                              ...PETITIONER
                 (BY SRI. NATARAJU T., ADVOCATE)

                 AND:

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

                 2.    THE SUPERINTENDENT OF POLICE
                       TUMAKURU DISTRICT
                       TUMAKURU - 572101

                 3.    THE DEPUTY SUPERINTENDENT OF POLICE
                       SIRA SUB DIVISION
                       SIRA - 572137
                       TUMAKURU DISTRICT
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                                        NC: 2023:KHC:41297
                                      WP No. 23754 of 2023




4.   THE CIRCLE INSPECTOR OF POLICE
     SIRA - 572137
     TUMAKURU DISTRICT

5.   THE SUB INSPECTOR OF POLICE
     SIRA POLICE STATION
     SIRA TALUK - 572113
     TUMAKURU DISTRICT

6.   THE CITY CRIME BRANCH OF POLICE
     RAYAN CIRCLE, MYSORE ROAD,
     BENGALURU - 560002
     REPRESENTED BY ITS
     DEPUTY COMMISSIONER OF POLICE

                                           ...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 NOT TO INSIST THE PETITIONER TO OBTAIN
LICENSE UNDER KARNATAKA POLICE ACT OR UNDER
LICENSING AND CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT FOR PLAYING OF SKILL GAMES LIKE CHESS,
SNOOKER, CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3,
VIDEO GAMES, THREE DIES BOWLING, (IS NEWLY KNOWN AS
SKILLED ELECTRONIC GAME) POKER, WALL GAME, SIX
COLOUR GAMES, RUMMY ETC., IN THE PREMISES OF THE
PETITIONER ASSOCIATION; DIRECT THE RESPONDENTS NOT
TO INTERFERE WITH THE ACTIVITIES OF THE PETITIONER -
ASSOCIATION FOR THE RECREATION OF ITS MEMBERS BY
PLAYING THE SKILLED GAMES LIKE CHESS, DART GAME,
SNOOKER, CAROM, ELECTRONIC COIN GAMES, VIDEO GAMES,
POKER, WALL GAME, RUMMY, ETC. IN THE PREMISES OF THE
PETITIONER-ASSOCIATION.


    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                               NC: 2023:KHC:41297
                                             WP No. 23754 of 2023




                             ORDER

Heard Sri. Nataraju T., 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:

     "                         PRAYER

           Wherefore,    the    Petitioner     humbly   and

respectfully prays that this Hon'ble Court may kindly be pleased to:

i. Issue a writ in the nature of mandamus, directing the respondents not to insist the petitioner to obtain license under Karnataka Police Act or under Licensing and Controlling of Places of Public Amusement for playing of skill games like chess, snooker, Carom, Electronic coin games, Pentastic-3, Video Games, Three Dies Bowling, (is newly known as skilled electronic game) poker, wall game, six colour games, rummy etc., in the premises of the petitioner-Association;

ii. Issue a writ in the nature of mandamus directing the respondents not to interfere with the activities of the petitioner - Association for the recreation of its members by playing the skilled games like chess, Dart Game, snooker, carom, electronic coin games, video games, poker, wall game, rummy, etc. in the premises of the petitioner-Association.

NC: 2023:KHC:41297 WP No. 23754 of 2023

iii. Pass such any other orders or directions, as this Hon'ble Court deems fit in the facts and 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

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

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

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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.

(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

NC: 2023:KHC:41297 WP No. 23754 of 2023

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