Karnataka High Court
M/S Kings Forum Sports And ... vs State Of Karnataka on 9 October, 2023
Bench: R Devdas
-1-
NC: 2023:KHC:36625
WP No. 22392 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 22392 OF 2023 (GM-POLICE)
BETWEEN:
M/S. KING'S FORUM SPORTS AND CULTURAL,
ASSOCIATION (R),
HAVING ITS OFFICE AT NO.3, "ANUGRAHA ARCADE",
8TH MAIN, SHARADA COLONY,
BASAVESHWARANAGAR,
BANGALORE - 560 079,
REP. BY ITS PRESIDENT,
MR. D. PRAKASH,
S/O MR. T. DASEGOWDA,
AGED ABOUT 62 YEARS,
(KARNATAKA CO-OPERATIVE SOCIETY ACT, 1960
SECTION 17)
...PETITIONER
Digitally signed by (BY SRI. B. KESHAVA MURTHY.,ADVOCATE)
JUANITA
THEJESWINI
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA,
REP BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE COMMISSIONER OF POLICE
BANGALORE CITY, INFANTRY ROAD,
BANGALORE - 560 001
-2-
NC: 2023:KHC:36625
WP No. 22392 of 2023
3. THE DEPTUY COMMISSIONER OF POLICE (CCB)
COTTONPET MAIN ROAD, CHICKPET,
BANGALORE - 560 053.
4. THE ASSISTANT COMMISSIONER OF POLICE,
BASAVESHWARANAGARA CIRCLE,
BASAVESHWARANAGAR,
BANGALORE - 560 079.
5. THE INSPECTOR OF POLICE,
BASAVESHWARANAGAR POLICE STATION,
BASAVESHWARANAGAR,
BANGALORE - 560 079.
...RESPONDENTS
(BY SRI. MANJUNATH K.,HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT HE R-3 TO
5 AUTHORITIES TO REFRAIN FROM INTERFERING WITH THE
DAY TO DAY ACTIVITIES OF THE PETITIONER ASSOCIATION
AND CAUSING DISTURBANCE AND OBSTRUCTION FROM THE
SMOOTH FUNCTIONING OF THE ASSOCIATION, TO SECURE
THE ENDS OF JUSTICE IN SO FAR AS PETITIONER CONCERN
AND ETC.,
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.
NC: 2023:KHC:36625
WP No. 22392 of 2023
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.
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
NC: 2023:KHC:36625
WP No. 22392 of 2023
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, to the police, as
and when called upon to do so.
NC: 2023:KHC:36625
WP No. 22392 of 2023
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
petitioner and the offenders, in accordance
with law.
NC: 2023:KHC:36625
WP No. 22392 of 2023
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
PTM/AMM
