Gandhi Bazar Citizen Institute ... vs The State Of Karnataka
2023 Latest Caselaw 6803 Kant

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                                                               NC: 2023:KHC:35035
                                                          WP No. 21497 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 26TH DAY OF SEPTEMBER, 2023

                                               BEFORE
                                 THE HON'BLE MR JUSTICE R DEVDAS
                            WRIT PETITION NO. 21497 OF 2023 (GM-POLICE)

                      BETWEEN:

                      GANDHI BAZAR CITIZEN INSTITUTE (R)
                      NO. 201, DEVI KARUMARIYAMMAN COMPLEX,
                      10 FEET ROAD, 11TH BLOCK,
                      3RD PHASE, BSK III STAGE,
                      BENGALURU - 560 085.
                      REPRESENTED BY SECRETARY SRI. KARTHIK,
                      SON OF LATE NARAYANA RAJU P,
                      REGISTRATION OF SOCIETIES ACT 1990.
                                                                    ...PETITIONER
                      (BY SRI. B. S. JEEVAN KUMAR, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA,
Digitally signed by         REPRESENTED BY ITS SECRETARY,
JUANITA
THEJESWINI                  HOME DEPARTMENT, VIDHANA SOUDHA,
Location: HIGH              BANGALORE - 560 001.
COURT OF
KARNATAKA
                      2.    THE COMMISSIONER OF POLICE,
                            BENGALURU CITY POLICE,
                            INFANTRY ROAD, BENGALURU - 560 001.

                      3.    THE INSPECTOR OF POLICE,
                            BANASHANKARI POLICE STATION, 27TH CROSS,
                            17TH MAIN, 2ND STAGE, BANASHANKARI,
                            BANGALORE, KARNATAKA - 560 070.
                                                               ...RESPONDENTS
                      (BY SRI. MANJUNATH K, HCGP)
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                                            NC: 2023:KHC:35035
                                       WP No. 21497 of 2023




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE
RESPONDENTS    NOT      TO   INSIST   THE    PETITIONER   FOR
OBTAINING LICENSE AND ALSO FROM INTERFERING WITH THE
SMOOTH RUNNING OF THE SKILL GAMES SUCH AS CULTURAL
AND SPORTS SUCH AS RUMMY, CAROM, CHESS, DARTGAME,
POKER, COIN GAMES, TABLE TENNIS, BILLARDS / SNOOKERS
AND ALL INDOOR GAMES BEING RUN UNDER THE NAME AND
STYLE OF GANDHI BAZAR CITIZEN INSTITUTE AT BSK 3RD
STAGE, BANGALORE - 560085 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

NC: 2023:KHC:35035 WP No. 21497 of 2023

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

W.A.No.20090/2015 in the case of D.V.R. Recreation Club

NC: 2023:KHC:35035 WP No. 21497 of 2023

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.

c. The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the

NC: 2023:KHC:35035 WP No. 21497 of 2023

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.

NC: 2023:KHC:35035 WP No. 21497 of 2023

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