Karnataka High Court
M/S Lakshmi Venkateshwara vs The State Of Karnataka on 14 September, 2023
Bench: R Devdas
-1-
NC: 2023:KHC:33292
WP No. 19481 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 19481 OF 2023 (GM-POLICE)
BETWEEN:
M/S LAKSHMI VENKATESHWARA
RECREATION ASSOCIATION,
REGISTERED NO. 67/2018-19,
UNDER KARNATAKA SOCITIES
REGISTRATION ACT, 1960,
NO. 147/8, A R COMPOUND,
CHAMARAJAPETE, MYSURU ROAD,
BENGALURU - 560 018,
REPRESENTED BY ITS SECRETARY,
SRI. VENAKTESH M.
...PETITIONER
(BY SRI. VASU K, ADVOCATE)
AND:
Digitally signed by
JUANITA THEJESWINI
Location: HIGH
COURT OF
1. THE STATE OF KARNATAKA,
KARNATAKA DEPARTMENT OF HOME,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE COMMISSIONER OF POLICE,
BENGALURU CITY, INFANTRY ROAD,
BENGALURU - 560 001.
3. THE JOINT COMMISSIONER OF POLICE,
CENTRAL CRIME BRANCH (CCB),
-2-
NC: 2023:KHC:33292
WP No. 19481 of 2023
INFANTRY ROAD,
BENGALURU - 560 001.
4. THE DEPUTY COMMISSIONER OF POLICE,
BENGALURU WEST,
BENGALURU - 560 053.
5. THE ASSISTANT COMMISSIONER OF POLICE,
BENGALURU WEST, CHIKKAPETE,
BENGALURU - 560 043.
6. THE INSPECTOR OF POLICE,
CHAMARAJAPETE POLICE STATION,
BENGALURU - 560 018.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT IT
IS GOVERNED BY THE PROVISIONS OF THE KARNATAKA
SOCIETIES REGISTRATION ACT 1960 AND IS NOT GOVERNED
BY THE PROVISIONS OF THE PUBLIC AMUSEMENTS, ORDER,
FRAMED UNDER THE PROVISIONS OF KARNATAKA POLICE ACT
1963 AS THE PLACE WHERE THE PETITIONERS ACTIVITIES IS
CARRIED IS NOT PLACES OF PUBLIC AMUSEMENTS AND TO
ISSUE DIRECTION TO THE RESPONDENTS NOT TO INTERFERE
WITH THE SMOOTH FUNCTIONING OF THE PETITIONER
ASSOCIATION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2023:KHC:33292
WP No. 19481 of 2023
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
of the order passed by this Court on 28.11.2018 while
disposing of W.P.No.50923/2018.
NC: 2023:KHC:33292
WP No. 19481 of 2023
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 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
NC: 2023:KHC:33292
WP No. 19481 of 2023
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.
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,
NC: 2023:KHC:33292
WP No. 19481 of 2023
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 are found to
have indulged in any unlawful or immoral
activities.
Ordered accordingly.
Sd/-
JUDGE
rv, CT: BHK
