Kodagu Vikalachetanara vs Superintendent Of Police
2023 Latest Caselaw 7267 Kant

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                                                               NC: 2023:KHC:37489
                                                             WP No. 22707 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. 22707 OF 2023 (GM-POLICE)
                      BETWEEN:

                      KODAGU VIKALACHETANARA
                      KSHEMABIVRUDDHI CLUB,
                      BEHIND FIRE STATION, HARANGI ROAD,
                      GUMMANAKOLLI, MULLUSOGE,
                      KUSHALNAGAR TALUK KODAGU DISTRICT,
                      REPRESENTED BY ITS PRESIDENT M.C. SACHIN,
                      REG. CO-OP. SOCIETY UNDER
                      SOCITIES REGISTRATION ACT.
                                                                     ...PETITIONER
                      (BY SRI. VINAYA KEERTHY M, ADVOCATE)

                      AND:

                      1.    SUPERINTENDENT OF POLICE,
Digitally signed by         KODAGU DISTRICT, MADIKERI - 571 253.
JUANITA
THEJESWINI
Location: HIGH
COURT OF              2.    SUB-INSPECTOR OF POLICE,
KARNATAKA
                            KUSHALNAGAR POLICE STATION,
                            KUSHALNAGAR, KODAGU DISTRICT - 571 234.
                                                               ...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   INTERFERE   WITH   THE   SMOOTH
                      RUNNING OF THE RECREATION ACTIVITIES SUCH AS CARROM,
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                                                  NC: 2023:KHC:37489
                                             WP No. 22707 of 2023




RUMMY, AND OTHER SKILL GAMES BY THE PETITIONER UNDER
THE     NAME     AND       STYLE         KODAGU    VIKALACHTANARA
KSHEMABIVRUDDHI CLUB, BEHIND FIRE STATION, HARANGI
ROAD, GUMMANAKOLLI, MULLUSOGE, KUSHALNAGAR TALUK,
KODAGU DISTRICT 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

Controlling of the Places of Public Amusement Order,

1970.

NC: 2023:KHC:37489 WP No. 22707 of 2023

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

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

NC: 2023:KHC:37489 WP No. 22707 of 2023

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 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.

NC: 2023:KHC:37489 WP No. 22707 of 2023

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:37489 WP No. 22707 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