M/S. Moulya Recreation Club vs The State Of Karnataka
2023 Latest Caselaw 7401 Kant

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                                                         NC: 2023:KHC:38577
                                                       WP No. 23925 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 31ST DAY OF OCTOBER, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                       WRIT PETITION NO. 23925 OF 2023 (GM-POLICE)
                 BETWEEN:

                 M/S. MOULYA RECREATION CLUB,
                 NO. 104, C/O B. DEVAIAH,
                 GURUDEVARAHALLI VILLAGE,
                 CHIKKA ARASINAKERE HOBLI,
                 MADDUR TALUK,
                 MANDYA DISTRICT - 571 422,
                 REPRESENTED BY ITS PRESIDENT
                 SRI. G.D. NANDISH,
                 SON OF B. DEVAIAH,
                 AGED ABOUT 36 YEARS.
                                                               ...PETITIONER
                 (BY SRI. SHANKAR H. S, ADVOCATE)


Digitally signed
                 AND:
by PADMAVATHI
BK               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,
                       MANDYA DISTRICT, MANDYA - 571 401.

                 3.    THE DEPUTY SUPERINTENDENT OF POLICE
                       MALAVALLY, MANDYA DISTRICT - 571 430.
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                                             NC: 2023:KHC:38577
                                        WP No. 23925 of 2023




4.   THE CIRCLE INSPECTOR FO POLICE,
     K.M. DODDI (BHARATHINAGARA),
     MADDUR TALUK, MANDYA DISTRICT - 571 422.

5.   THE SUB-INSPECTOR OF POLICE,
     K.M. DODDI (BHARATHINAGARA),
     MADDUR TALUK, MANDYA DISTRICT - 571 422.

                                                ...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 RECREATION
ACTIVITIES CARRIED ON BY THE PETITIONER I.E MOULYA
RECREATION CLUB FOR PLAYING SKILLED GAMES SUCH AS
RUMMY (CARD GAMES), CHESS, CAROM, TENNIS, BADMINTON,
AND OTHER INDOOR AND OUTDOOR GAMES IN ACCORDANCE
WITH    LAW   IN    A   LEASED    PREMISES   AT   NO.104,   C/O
B.DEVAIAH,         GURUDEVARAHALLI       VILLAGE,       CHIKKA
ARASINAKERE HOBLI, MADDUR TALUK, MANDYA DISTRICT
AND ETC.,

       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

Heard Sri. Shankar H.S., learned counsel appearing for

the petitioner and Sri. Manjunath K., the learned HCGP

appearing for the respondents.

NC: 2023:KHC:38577 WP No. 23925 of 2023

2. The petitioner is before this Court, seeking for the

following prayers:

"a. Issue a Writ of mandamus, directing the Respondents not to interfere with the recreation activities carried on by the Petitioner i.e "Moulya Recreation Club for playing skilled games such as Rummy (card games), chess, carom, tennis, badminton, and other indoor and outdoor games in accordance with law in a leased premises at No.104, C/o B. Devaiah, Gurudevarahalli Village, Chikka Arasinakere Hobli, Maddur Taluk, mandya District.

b. Issue such other Writ or Order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of Justice and equity.."

3. The learned counsel appearing for the petitioner

would submit that the issue in the lis stands covered by the

judgment rendered by a Co-ordinate Bench in the case of

LAKSHMI RECREATION CLUB Vs. STATE OF KARNATAKA.1, the

Co-ordinate Bench has held as follows:

" Heard Shri Sharath Kumar Shetty, learned advocate for the petitioner and Shri M.Vinod Kumar, learned AGA for the State.

2. Petitioner runs a club. His grievance is, Police authorities are harassing him.

3. Shri. Shrarath Kumar Shetty, submitted that this Court in The Media N Members Club Vs. State of Karnataka and others (W.P.No.30071/2014 decided on 15.10.2014) has issued certain directions and petitioner

W.P.No.2755/2020 disposed on 20.02.2020

NC: 2023:KHC:38577 WP No. 23925 of 2023

would be satisfied if a similar order is passed in this case.

4. Learned AGA, on instructions, submitted that this Court by following the earlier judgment in Chelooru Merchant and Official Recreation Vs. The Government of Karnataka, by its Secretary and others (W.P.No.31043/2014 decided on 09.10.2014) has issued certain guidelines.

5. Learned Advocate for petitioner and learned AGA agree that issue in this writ petition is similar to the The Media N Members Club case.

6. It is observed that several writ petitions have been filed seeking similar relief. In the circumstances, it is appropriate for the police authorities to issue circular containing the guidelines issued by this Court and the same shall reduce number of the writ petitions by similar clubs.

7. In the circumstances, this petition is disposed of by recording the conditions mentioned in The Media N Members Club case which read as follows:

"(i) 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 games(s) is / are played by the members. The CC TV footage of atleast prior 15 days' period shall be made available by the petitioner, to the police, as and when called upon to do so.

(ii) 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.

(iii) The petitioner shall not allow any non-

member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities.

(iv) The petitioner shall not permit any activity by any of its member(s), by indulging in

NC: 2023:KHC:38577 WP No. 23925 of 2023

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 the 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.

(v) The petition 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 game(s) played is contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law.

(vi) 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.

(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner - Club / Association.

(viii) 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."

8. In order to ensure that similar clubs do not file identical petitions, respondent-State through its Home Secretary or Commissioner of police shall issue circular containing the aforesaid guidelines within a period of two months from the date of receipt of a copy of this order.

This petition is accordingly disposed of.

No costs."

NC: 2023:KHC:38577 WP No. 23925 of 2023

4. In the light of the issue standing covered by the

judgment rendered by a Co-ordinate Bench and the facts being

undisputed, the petition stands disposed on the same terms.

Ordered accordingly.

Sd/-

JUDGE

JY

CT: BHK