Karnataka High Court
Raju Rural Development And Recreation ... vs The State Of Karnataka on 15 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:14948
WP No. 8906 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 8906 OF 2024 (GM-POLICE)
BETWEEN:
RAJU RURAL DEVELOPMENT
AND RECREATION ASSOCIATION
ERAKASANDRA COLONY
KORATAGERE TALUK
TUMAKURU DISTRICT - 572 129
REPRESENTED BY ITS PRESIDENT
KARNATAKA REGISTRATION ACT, 1960
SRI. G.NARASIMHAMURTHY
S/O GANGANARASAPPA
AGED ABOUT 61 YEARS
...PETITIONER
(BY SRI. SOMASHEKHARAIAH R. P., ADVOCATE)
AND:
Digitally signed
by NAGAVENI
Location: HIGH 1. THE STATE OF KARNATAKA
COURT OF REPRESENTED BY ITS SECRETARY
KARNATAKA
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE
TUMAKURU DISTRICT
TUMAKURU - 572 102.
3. THE DEPUTY SUPERINTENDENT OF POLICE
MADHUGIRI DIVISION
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WP No. 8906 of 2024
MADHUGIRI TALUK
TUMAKURU DISTRICT - 572 132.
4. CIRCLE INSPECTOR OF POLICE
KORATAGERE, KORATAGERE TALUK
TUMAKURU - 572 129.
5. SUB-INSPECTOR OF POLICE
KORATAGERE POLICE STATION
KORATAGERE TALUK
TUMAKURU DISTRICT - 572 129.
6. SUB-INSPECTOR OF POLICE
ERAKASANDRA COLONY POLICE STATION
ERAKASANDRA, KORATAGERE TALUK
TUMAKURU DISTRICT - 572 129.
7. THE SQUAD POLICE
TUMAKURU
TUMAKURU DISTRICT - 572 105.
...RESPONDENTS
(BY SRI. K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
DIRECT THE RESPONDENTS NOT TO INSIST THE PETITIONER
FOR LICENSE AND ALSO FROM INTERFERING WITH THE
SMOOTH RUNNING OF THE SKILL GRAMES SUCH AS MOTOR
RACING, SNOOKER, SUDKO, SCATTING, CARROM, CHESS,
BILLIARDS, CRICKET, HOCKEY, VOLLEY BALL, TABLE TENNIS,
DART GAME, POKER, RUMMY WITH TOKEN, COIN GAME, JOKER
BONUS AND OTHER SKILL GAMES RUN BY THE PETITIONER IN
THE NAME AND STYLE OF RAJU RURAL DEVELOPMENT AND
RECREATION ASSOCIATION, ERAKASANDRA COLONY,
KORATAGERE TALUK, TUMAKURU DISTRICT - 572 129 AND
ETC.,
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NC: 2024:KHC:14948
WP No. 8906 of 2024
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court, seeking for the
following prayer:
"A] Direct the respondents not to insist the
petitioner for license and also from
interfering with the smooth running of the
SKILL GAMES such as MOTOR RACING,
SNOOKER, SUDKO, SCATTING, CARROM,
CHESS, BILLIARDS, CRICKET, HOCKEY,
VOLLEY BALL, TABLE TENNIS, DART GAME,
POKER, RUMMY WITH TOKEN, COIN GAME,
JOKER BONUS AND OTHER SKILL GAMES'
run by the Petitioner in the name and style
of RAJU RURAL DEVELOPMENT AND
RECREATION ASSOCIATION, Erakasandra
Colony, Koratagere Taluk, Tumakuru
District - 572129.
B] Consequently for a direction in the nature
of Writ of mandamus restraining the
Respondents not to interfere with the
peaceful running and promotion of sports
activities, such as playing of MOTOR
RACING, SNOOKER, SUDKO, SCATTING,
CARROM, CHESS, BILLIARDS, CRICKET,
HOCKEY, VOLLEY BALL, TABLE TENNIS,
DART GAME, POKER, RUMMY WITH TOKEN,
COIN GAME, JOKER BONUS AND OTHER
SKILL GAMES.
C] for such other relief's as this Hon'ble Court
deems fit to grant in the circumstances of
the case."
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2. Heard Sri. Somashekharaiah.R.P., learned counsel
appearing for the petitioner and Sri. K.P.Yoganna, learned
Additional Government Advocate appearing for the
respondents.
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by the Co-ordinate Bench in the case of
M/S NAVARANG ASSOCIATION Vs. THE STATE OF
KARNATAKA1, wherein the Co-ordinate Bench has held as
follows:
"Learned Government Advocate to accept notice
for respondents No.1 to 7 and file memo of appearance
in four weeks.
2. The petitioner is before this Court seeking for issue
of mandamus or any other appropriate writ in the
manner as has been sought in the petition. The issue
which has been raised in the instant petition has already
been considered by this Court in W.P.No.30071/2014
dated 15-10-2014 (between The Media N. Members Club
vs. State of Karnataka and Others) wherein the petition
was disposed of with the following directions:-
"(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
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:14948
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.
(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 surveillances
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 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.
(v) 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
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.
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(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."
This writ petition is also disposed of in the
aforesaid terms."
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench and the facts
being undisputed, this petition stands disposed on the same
terms.
Sd/-
JUDGE
BKP
CT:SS
