M/S Manjunatha Recreational ... vs The State Of Karnataka
2023 Latest Caselaw 7143 Kant

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                                                              NC: 2023:KHC:36745
                                                           WP No. 21010 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. 21010 OF 2023 (GM-RES)
                      BETWEEN:

                      M/S MANJUNATHA RECREATIONAL CULTURAL
                      AND SPORTING CLUB ASSOCIATION,
                      REPRESENTED BY ITS DIRECTOR,
                      MANJUNATHA E. R,
                      S/O RAMAKRISHNA,
                      AGED ABOUT 38 YEARS,
                      HAVING REGISTERED OFFICE AT SY NO.7/3,
                      HALKURU KAVALA, KASABA HOBLI,
                      SIRA TALUK, TUMKUR DISTRICT - 572 137.
                      INCORPORATED UNDER COMPANIES ACT 2013.
                                                                     ...PETITIONER
                      (BY SRI. K. LAKSHMIKANTH, ADVOCATE)

                      AND:
Digitally signed by
JUANITA THEJESWINI
Location: HIGH        1.    THE STATE OF KARNATAKA,
COURT OF
KARNATAKA                   BY SIRA POLICE STATION,
                            SIRA TALUK, TUMKUR DISTRICT - 572 137.

                      2.    THE SUPERINTENDENT OF POLICE
                            TUMKUR DISTRICT, TUMKUR - 572 141.

                      3.    THE STATE OF KARNATAKA
                            REPRESENTED BY ITS SECRETARY,
                            HOME DEPARTMENT, VIDHANA SOUDHA,
                            BANGALORE - 560 091.
                                                                 ...RESPONDENTS
                      (BY SMT. NAVYA SHEKHAR, AGA)
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                                           NC: 2023:KHC:36745
                                       WP No. 21010 of 2023




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1
AND 2 NOT TO DISTURB THE PETITIONER IN CARRYING
CAROM CHESS TABLE TENNIS KABBADI SKILL GAMES SPORTS
ACTIVITIES OTHER INDOOR GAMES WALL GAME SNOOKERS
RUMMY ETC IN THE NAME OF STYLE OF M/S MANJUNATH
RECREATIONAL CULTURAL AND SPORTING CLUB ASSOCIATION
IN   THE    PREMISES   AS    STATED   IN   CERTIFICATE    OF
REGISTRATION DATED 07.10.2019 AT ANNX-A VIDE REG NO.
U80902KA2019NPL128557 AND ETC.,

     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

NC: 2023:KHC:36745 WP No. 21010 of 2023

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

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

NC: 2023:KHC:36745 WP No. 21010 of 2023

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.

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

NC: 2023:KHC:36745 WP No. 21010 of 2023

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.

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.

NC: 2023:KHC:36745 WP No. 21010 of 2023

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 CT: BHK