Karnataka High Court
Karnataka Families Association vs The State Of Karnataka on 6 October, 2023
Bench: R Devdas
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WP No. 10969 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 10969 OF 2023 (GM-POLICE)
BETWEEN:
KARNATAKA FAMILIES ASSOCIATION,
SITE NO.258A, N.H-4,
OPPOSITE JMIT CAMPOS,
DAVANAGERE ROAD,
CHITRADURGA DISTRICT-577526.
REPRESENTED BY ITS PRESIDENT
SRI. NAGARAJU S. K.F.A.,
REGISTERED UNDER CO-OPERATIVE
SOCIETIES ACT-1960.
...PETITIONER
(BY SRI. D.T. NANJESHGOWDA., ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA,
JUANITA
THEJESWINI REPRESENTED BY ITS SECRETARY,
Location: HIGH
COURT OF DEPARTMENT OF HOME,
KARNATAKA VIDHANA SOUDHA,
BENGALURU - 560 001.
2. TEH SUB INSPECTOR OF POLICE,
KOTE POLICE STATION,
CHITRADURGA-577 526.
3. THE CIRCLE INSPECTOR OF POLICE,
CHITRADURGA-577 526.
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4. TEH DEPUTY SUPERINTEND OF POLICE,
CHITRADURGA SUB DIVISION,
CHITRADURGA-577526.
5. THE ASSISTANT SUPERINTEND OF POLICE,
CHITRADURGA-577526.
6. THE SUPERINTEND OF POLICE,
CHITRADURGA-577526.
7. INSPECTOR GENERAL OF POLICE,
DAVANAGERE-577 001,
ESTERN RANGE.
...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
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,
THREE DIES BOWLING, (IS NEWLY KNOWN AS SKILLED
ELECTRONIC GAME) POKER, WALL GAME ,SIX COLOR
GAMES,RUMMY ETC IN THE PREMISES OF THE PETITIONERS-
ASSOCIATION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 10969 of 2023
ORDER
R.DEVDAS J., (ORAL):
Heard the learned counsel for the petitioner and
learned High Court Government Pleader.
2. The petitioner is before this Court praying for
issuance of a writ of mandamus thereby directing the
respondents not to insist upon the petitioner to obtain
license for the recreation activities conducted by the
petitioner in the schedule premises either under the
Karnataka Police Act, 1963 or under the Licensing and
Controlling of the Places of Public Amusement Order, 1970.
3. Learned counsel for the petitioner would submit
that, this Court in similar matters has been pleased to
dispose of the writ petitions granting the relief.
4. Learned High Court Government Pleader would
submit that the writ petition could be disposed of in terms of
the order passed by this Court on 28.11.2018 while
disposing of W.P.No.50923/2018.
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5. The submission of the learned High Court
Government Pleader is placed on record. If any illegal or
unlawful activities are conducted or permitted in the
petitioner's premises, it is always open for the respondents
to initiate such action as permitted under law.
6. The learned counsel for the petitioner has brought
to the notice of this Court a judgment passed by the Division
Bench of this Court at Kalaburgi, in W.A.No.20090/2015 in
the case of D.V.R. Recreation Club Vs State of Karnataka,
disposed of on 27.06.2016 and further order issued on a
review petition in the same matter on 19.10.2016. In view of
the subsequent directions issued by the Hon'ble Division
Bench, the present writ petition is disposed of with the
following directions:
a. 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 game/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,
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to the police, as and when called upon to
do so.
b. 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
surveillance etc.
c. 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, except games of
skills.
d. 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 any of
the game/s played is/are contrary to any
law and in violation of the settled practice,
it is open for them to take action against
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petitioner and the offenders, in accordance
with law.
e. 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.
f. The respondents are directed not to
interfere with the lawful recreational
activities carried on by the members of the
petitioner - Club/Association.
g. 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.
Ordered accordingly.
Sd/-
JUDGE
rv
