Karnataka High Court
The Grameena Geleyara Recreation vs The State Of Karnataka on 13 October, 2023
Bench: R Devdas
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NC: 2023:KHC:37488
WP No. 22912 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 22912 OF 2023 (GM-POLICE)
BETWEEN:
THE GRAMEENA GELEYARA RECREATION,
KREEDE HAGU GRAMEENA SEVA KENDRA,
SITUATED AT SURYA LAYOUT,
SHIVAGANGA VILLAGE, HOLALKERE TALUK,
CHITRADURGA DISTRICT - 577 526,
THE SOCIETY IS REGISTERED UNDER
KARNATAKA SOCIETIES REGISTRATION ACT,
REPRESENTED BY ITS PRESIDENT AND SECRETARY
REG. NO DRCT/SOK/304/2023-24.
1. VENKATESH,
S/O NINGAPPA,
AGED ABOUT 54 YEARS,
Digitally signed by R/O CHITRAHALLI, GOLLARAHATTI,
JUANITA THEJESWINI
Location: HIGH HOLALKERE TALUK,
COURT OF
KARNATAKA CHITRADURGA DISTRICT - 577 526.
2. RAJAPPA T.C,
S/O CHANDRAPPA,
AGED ABOUT 53 YEARS,
R/O THIRUMALAPURA VILLAGE,
HOLALKERE TALUK,
CHITRADURGA DISTRICT - 577 526.
...PETITIONERS
(BY SRI. R. SHASHIDHARA, ADVOCATE)
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WP No. 22912 of 2023
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE INSPECTOR GENERAL OF POLICE,
DAVANAGERE - 577 001,
EASTERN RANGE.
3. SUPERINTENDENT OF POLICE,
CHITRADURGA - 577 526.
4. THE DEPUTY SUPERINTEND OF POLICE,
CHITRADURGA DIVISION,
CHITRADURGA - 577 526.
5. THE DEPUTY COMMISSIONER OF
INVESTIGATION BEURO,
CHITRADURGA DISTRICT - 577 526.
6. THE CIRCLE INSPECTOR,
HOLALKERE,
CHITRADURGA DISTRICT - 577 526.
7. THE INSPECTOR OF POLICE,
HOLALKERE POLICE STATION,
CHITRADURGA DISTRICT - 577 526.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS OR
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WP No. 22912 of 2023
ORDER TO THE RESPONDENTS NOT INSIST THE PETITIONER
TO OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES
LIKE FOR PLAYING SKILL GAMES, CHESS, SNOOKER, CAROM,
ELECTRIC COIN GAMES, FANTASTIC-III, 3 DIES BOWLING,
POKER, WALL GAME, SIX COLOR GAMES, RUMMY ETC IN THE
PREMISES OF THE PETITIONER SOCIETY EITHER UNDER THE
LICENSING AND CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT ORDER OR UNDER THE KARNATAKA POLICE ACT
AND NOT TO INTERFERENCE WITH THE RECREATIONAL AND
OTHER LAWFUL ACTIVITIES CARRIED ON IN THE PETITIONER
SOCIETY IN ANY MANNERS.
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
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WP No. 22912 of 2023
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
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
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WP No. 22912 of 2023
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.
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.
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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.
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.
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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
CT: BHK
