Karnataka High Court
Shree Mahalakshmi Sports And vs The State Of Karnataka on 6 October, 2023
Bench: R Devdas
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WP No. 20284 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. 20284 OF 2023 (GM-POLICE)
BETWEEN:
SHREE MAHALAKSHMI SPORTS AND
CULTURAL ASSOCIATION (R)
NO.396, 3RD FLOOR, ALANKAR PLAZA,
K. G. ROAD, BENGALURU - 560 009,
REPRESENTED BY ITS PRESIDENT,
SRI. H. S. HANUMANTHA GOWDA,
REGISTERED UNDER KARNATAKA
SOCIETIES REGISTRATION ACT, 1960.
...PETITIONER
(BY SRI. H. SURESH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed by REPRESENTED BY ITS SECRETARY,
JUANITA THEJESWINI
VIDHANA SOUDHA,
Location: HIGH COURT
OF KARNATAKA BENGALURU - 560 001.
2. THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER OF POLICE,
CITY CRIME BRANCH, ROYAN CIRCLE,
N.T. PET, BENGALURU.
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4. THE DEPUTY COMMISSIONER OF POLICE,
UPPERPET, BENGALURU - 560 009.
5. THE ASSISTANT COMMISSIONER OF POLICE
UPPERPET, BENGALURU - 560 009.
6. THE INSPECTOR OF POLICE,
UPPERPET POLICE STATION,
BENGALURU - 560 009.
7. THE SUB INSPECTOR OF POLICE,
UPPERPET POLICE STATION,
BENGALURU - 560 009.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ORDER OR
DIRECTION, THAT THE PETITIONER ASSOCIATION IS LICENSE
UNDER THE LICENSING AND CONTROLLING OF PLACES OF
PUBLIC AMUSEMENT ORDER, OR UNDER THE KARNATAKA
POLICE ACT, 1963 TO CARRY ON RECREATIONAL AND OTHER
LAWFUL ACTIVITIES LIKE CHESS, CAROM, FANTASTIC-III,
PLAYED WITH 3 DICE BALL, DICE BALL, DART GAMES, WALL
GAMES, ELECTRONIC POKER GAMES, ELECTRONIC COIN
GAMES, TABLE TENNIS, CARDS (RUMMY) VIDEO GAME,
POKER, SNOOKER, POOL GAME, BILLIARDS, PING PANG,
JOKER BONUS GAMES, SIX COLOUR, SKILL GAME, AND OTHER
INDOOR AND OUTDOOR GAMES IN THE PETITION SCHEDULE
PREMISES AND ETC.,
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WP No. 20284 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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
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of the order passed by this Court on 28.11.2018 while
disposing of W.P.No.50923/2018.
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:
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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,
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
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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 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
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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
CT: BHK
