Karnataka High Court
Jai Matha Sports And Recreation vs The State Of Karnataka on 10 October, 2023
Bench: R Devdas
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NC: 2023:KHC:36744
WP No. 22662 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 22662 OF 2023 (GM-POLICE)
BETWEEN:
JAI MATHA SPORTS AND RECREATION
ASSOCIATION -GANDHINAGARA,
GANDHINAGARA,
BHUPASANDRA POST,
KALLAMBELLA HOBLI,
SIRA - 572 125, TUMAKURU DISTRICT,
REPRESENTED BY ITS SECRETARY
SRI. C. SHIVAKUMAR,
AGED ABOUT 46 YEARS,
REGISTERED UNDER SOCIETY ACT 1960.
...PETITIONER
(BY SRI. NATARAJU T, ADVOCATE)
AND:
Digitally signed by
JUANITA
THEJESWINI 1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF REPRESENTED BY ITS SECRETARY,
KARNATAKA DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE,
TUMAKURU DISTRICT,
TUMAKURU - 572 101.
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3. THE DEPUTY SUPERINTENDENT OF POLICE,
SIRA SUB DIVISION,
SIRA - 572 125,
TUMAKURU DISTRICT.
4. THE CIRCLE INSPECTOR OF POLICE,
SIRA - 572 125,
TUMAKURU DISTRICT.
5. THE SUB INSPECTOR OF POLICE,
KALLAMBELLA POLICE STATION,
SIRA TALUK - 572 125
TUMAKURU DISTRICT.
6. THE CITY CRIME BRANCH OF POLICE,
RAYAN CIRCLE, MYSORE ROAD,
BENGALURU - 560 002,
REPRESENTED BY ITS
DEPUTY COMMISSIONER OF POLICE.
...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 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,
VIDEO GAMES, THREE DIES BOWLING, (IS NEWLY KNOWN AS
SKILLED ELECTRONIC GAME) POKER, WALL GAME, SIX
COLOUR GAMES, RUMMY ETC., IN THE PREMISES OF THE
PETITIONER - ASSOCIATION AND ETC.,
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THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, 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:
a. The petitioner shall install within a
period of six weeks, CC TV cameras, at
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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 any profit or gain out of the
game(s) played, except games of skills.
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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
police invoking the provisions of the Act
and taking action in accordance with
law, if the member(s) of the petitioner
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are found to have indulged in any
unlawful or immoral activities.
Ordered accordingly.
Sd/-
JUDGE
rv
CT: BHK
