Karnataka High Court
Brahmavar Sports Club (R) vs State Of Karnataka on 21 November, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2023:KHC:41875
WP No. 24838 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 24838 OF 2023 (GM-POLICE)
BETWEEN:
BRAHMAVAR SPORTS CLUB (R)
NO.3, HERANJE, HEROOR VILLAGE,
BRAHMAVARA, UDUPI - 576123.
BRAHMAVAR SPORTS CLUB (R)
REG. UNDER KARNATAKA SOCIETIES
REGISTRATION ACT, 1960/UNDER SECTION 10
BY ITS GENERAL SECRETARY,
SRI GREGORY DSILVA,
S/O JACOB DSILVA,
AGED ABOUT 68 YEARS,
R/AT 3-87, JATHABETTU,
UPPOOR VILLAGE AND POST,
BRAHMAVAR TALUK,
UDUPI 576105.
Digitally signed
by PADMAVATHI NOTE: THE PETITIONER HAS NOT
BK CLAIMED ANY SENIOR CITIZENSHIP BENEFIT
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA (BY SRI. PRASAD HEGDE K B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU 560001
-2-
NC: 2023:KHC:41875
WP No. 24838 of 2023
2. SUPERINTENDENT OF POLICE
UDUPI DISTRICT,
UDUPI - 576101
3. DEPUTY SUPERINTENDENT OF POLICE
UDUPI DISTRICT,
UDUPI - 576101
4. THE CIRCLE INSPECTOR OF POLICE
BRAHMAVAR,
UDUPI DISTRICT - 576201
5. SUB INSEPCTOR OF POLICE
BRAHMAVARA POLICE STATION,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576221
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTING THE
RESPONDENTS NOT TO INTERFERE IN THE RECREATION
ACTIVITIES BY THE MEMBERS OF THE PETITIONER
RECREATION CLUB IN THE SCHEDULE PREMISE. ii) DIRECT
THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN SEPARATE LICENCE UNDER THE LICENSING AND
CONTROLLING PLACES OF PUBLIC AMUSEMENT ORDER OR
UNDER KARNATAKA POLICE ACT, 1963 FOR THE PURPOSE OF
RUNNING RECREATION CLUB, SUCH AS PLAYING INDOOR
GAMES, OUTDOOR GAMES, RUMMY, CAROM, CHESS ETC., IN
THE SCHEDULE PREMISE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:41875
Heard Sri. Prasad Hegde K.B., 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 prays that the Hon'ble
Court may please to:-
i) Issue a writ of mandamus directing the
respondents not to interfere in the recreation
activities by the members of the petitioner
recreation club in the schedule premise.
ii) Further direct the respondents not to insist
upon the petitioner to obtain separate licence
under the licensing and controlling places of
Public Amusement Order or under Karnataka
Police Act, 1963 for the purpose of running
recreation club, such as playing indoor games,
outdoor games, rummy, carom, chess etc., in
the schedule premise and etc.
iii) Pass such other further relief by this Hon'ble
court deems fit in the circumstances of the
case in the interest of justice"
NC: 2023:KHC:41875
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
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
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2023:KHC:41875
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
have indulged in any unlawful or immoral
activities."
This writ petition is also disposed of in the
aforesaid terms."
NC: 2023:KHC:41875
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
