Karnataka High Court
Sri Devi Recreation Club vs The State Of Karnataka on 28 November, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:42975
WP No. 24638 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 24638 OF 2023 (GM-POLICE)
BETWEEN:
SRI. DEVI RECREATION CLUB,
NO. 13-5-584/1,
GROUND FLOOR, LINKING ROAD,
MANGALORE,
REPRESENTED BY ITS SECRETARY,
MITRARAJ SHETTY M.,
AGED ABOUT 30 YEARS,
NO.15-20-1119,
SHINE STAR COMPOUND,
ESI ROAD TOWER,
3rd CROSS, MANGALORE,
DAKSHINA KANNADA - 575 002.
...PETITIONER
Digitally signed (BY SRI. SHANTHI BHUSHAN H., ADVOCATE)
by PADMAVATHI
BK AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA,
DEPARTMENT OF HOME,
BY ITS SECRETARY TO GOVT,
M.S BUILDING,
BANGALORE - 560 001.
2. THE COMMISSIONER OF POLICE,
PANDESHWAR,
MANGALORE,
DAKSHINA KANNADA - 575 001.
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WP No. 24638 of 2023
3. THE DEPUTY COMMISSIONER OF POLICE,
PANDESHWAR,
MANGALORE,
DAKSHINA KANNADA - 575 001.
4. THE ASSISTANT COMMISSIONER OF POLICE,
MANGALORE CENTRAL SUB DIVISION,
BUNDER, MANGALORE,
DAKSHINA KANNADA - 575 001.
5. CITY CRIME,
BRANCH (CCB),
BUNDER,
MANGALORE - 575 001.
REP. BY DCP.
6. CITY CRIME RECORDING BEURO (CCRB),
PANDESHWAR,
MANGALORE - 575 001,
REP. BY DCP.
7. THE INSPECTOR OF POLICE,
MANGALORE NORTH POLICE STATION,
MANGALORE CITY
DAKSHINA KANNADA - 575 001.
...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 UPON THE PETITIONER TO
OBTAIN LICENSE FOR PLAYING GAMES OF SKILL GAME,
CHESS, CAROM, CARDS (RUMMY), TABLE TENNIS, POKER,
MAHJONG, SUDKO, JOKER BONUS, BRIDGE, CHINES CHECKER,
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WP No. 24638 of 2023
FANTASTICE III PLAYED WITH 3 DICE, DICE BALL, DART
GAMES, ELECTRONIC/COMPUTER POKER GAME, TABLE
TENNIS, CARDS, VIDEO GAMES, POKER, SNOOKER, POOL
GAME BILLIARDS, PING PONG, JOKER BONUS GAMES, AND
OTHER INDOOR AND OUTDOOR GAMES, ETC., IN THE
PETITION SCHEDULE PROPERTY, EITHER UNDER THE
KARNATAKA POLICE ACT OR UNDER THE LICENSING AND
CONTROLLING OF PUBLIC AMUSEMENT ORDER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Shanthi Bhushan, learned DSGI 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 prayers:
"a. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction directing the
respondents not to insist upon the petitioner to obtain
license for playing games of skill game, chess, carom,
cards (rummy), table tennis, poker, Mahjong, Sudko,
Joker Bonus, Bridge, Chinese Checker, fantastic III
played with 3 dice, dice ball, dart games,
electronic/computer poker game, table tennis, cards,
video games, poker, snooker, pool game billiards, ping
pong, joker bonus games, and other indoor and outdoor
games, etc., in the petition schedule property, either
under the Karnataka Police Act or under the Licensing
and controlling of public amusement order.
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b. Issue a writ in the nature of Mandamus or any
other appropriate writ, order or direction declaring that
the petitioner association is not required to obtain a
license under the Licensing and controlling of public
amusement order or under the Karnataka Police Act.
c. Issue a writ in the nature of Mandamus or any
other writ, order or direction declaring that the action of
the respondents in interfering with the recreation activity
in the schedule premises is highly arbitrary and illegal.
d. Grant such other relief that this Hon'ble court may
deem fit in the facts and circumstances of the case."
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
W.P.No.38068/2015 disposed on 09.09.2015
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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
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
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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."
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
SJK
CT:SNN
