Karnataka High Court
S.L.N Recreation Kride Mattu vs State Of Karnataka on 15 September, 2023
Bench: R Devdas
-1-
NC: 2023:KHC:33540
WP No. 9359 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.9359 OF 2023 (GM-POLICE)
BETWEEN:
S.L.N RECREATION KRIDE MATTU
MANORANJANA SANGHA (R)
BUILDING NO 399, SYNO 10/2 AND
11/2D, BANJAGONDANAHALLI VILLAGE,
TALYA HOBLI, HOLALKERE TALUK,
HOLALKERE, CHITRADURGA - 577557
REP BY ITS SECRETARY
SRI DAYANAND N
REG NO DRCT /SOT /61/2022-2023
(KARNATAKA SOCIETIES REGISTRATION ACT 1960)
...PETITIONER
(BY SRI. MRC MANOHAR., ADVOCATE)
Digitally signed by
AND:
JUANITA THEJESWINI
Location: HIGH COURT 1. STATE OF KARNATAKA
OF KARNATAKA
BY IT SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE - 560001
2. DEPUTY COMMISSIONER
CHITRADURGA - 577501
3. SUPERINTENDENT OF POLICE
CHITRADURGA - 577501
-2-
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WP No. 9359 of 2023
4. DEPUTY SUPERINTENDENT OF POLICE
CHITRADURGA - 577501
5. INSPECTOR OF POLICE
HOLALKERE POLICE STATION
CHITRADURGA - 577501
6. INSPECTOR OF POLICE
CHITRAHALLI GATE P S
CHITRADURGA - 577501
7. TALUK PANCHAYATI
DEVELOPMENT OFFICER
HOLALKERE TALUK, HOLALKERE RURAL
CHITRADURGA - 577526
...RESPONDENTS
(BY SRI.MANJUNATH K., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R-2 TO CONSIDER THE REPRESENTATION DTD.
29.04.2022 MADE BY THE PETITIONER FOR GRANT OF LICENSE
TO THE PETITIONER CLUB, PRODUCED AS ANNX-B AND
DIRECT THE RESPONDENTS / AUTHORITIES TO REFRAIN
FROM, INTERFERING WITH THE DAY TO DAY ACTIVITIES OF
THE PETITIONER CLUB AND FROM CAUSING DISTURBANCE
AND OBSTRUCTION FROM THE SMOOTH RUNNING OF THE
CLUB AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL)
Learned Additional Government Advocate takes
notice for respondents No.1 to 6. Notice to respondent
No.7 is not necessary for the following reasons.
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2. Heard the learned counsel for the petitioner and
learned Additional Government Advocate.
3. 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.
4. 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.
5. Learned Additional Government Advocate 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.
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6. The submission of the learned Additional
Government Advocate 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.
7. 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
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WP No. 9359 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,
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WP No. 9359 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
KLY
CT: JL
