Karnataka High Court
Sri Lakshmi Devi Sports And Recreation ... vs The Government Of Karnataka on 16 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:15164
WP No. 9871 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9871 OF 2024 (GM-POLICE)
BETWEEN:
SRI. LAKSHMI DEVI SPORTS AND
RECREATION CLUB, SURVEY NO. 4/16
GURUPURA VILLAGE, HANAGODU HOBLI
HUNASURU TALUK, MYSURU - 571 105
REPRESENTED BY ITS PRESIDENT
SRI. T.HARISH KUMAR
REP. BY KARNATAKA CO-OPERATIVE
SOCIETY ACT, 1960
...PETITIONER
(BY SRI. SRINIVASAN RAO C. N., ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA
Digitally signed by HOME DEPARTMENT
NAGAVENI VIDHANA SOUDHA
Location: HIGH
COURT OF BENGALURU - 560 001.
KARNATAKA REPRESENTED BY ITS SECRETARY.
2. THE INSPECTOR GENERAL OF POLICE
SOUTH DIVISION, MYSORE - 570 019.
3. THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE
MYSORE - 570 019.
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WP No. 9871 of 2024
4. THE ADDITIONAL SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE
MYSURU - 570 019.
5. DEPUTY SUPERINTENDENT OF POLICE
HUNSOORU SUB DIVISION
HUNSOORU - 571 105.
6. THE INSPECTOR OF POLICE
HUNSOORU RURAL POLICE STATION
MYSURU - 571 105.
...RESPONDENTS
(BY SRI. K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NOT TO INSIST UPON THE
PETITIONER TO OBTAIN THE LICENSE TO CARRY ON LAWFUL
ACTIVITIES IN THE PREMISES OF THE PETITIONERS
ASSOCIATION EITHER UNDER THE POLICE ACT OR UNDER THE
PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF
PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN THE
PLAY OF SKILL ORIENTED INDOOR AND OUTDOOR GAMES LIKE
KABADDI, VOLLEYBALL, KHO KHO, CRICKET, RUNNING RACE,
SHUTTLE BADMINTON, TABLE TENNIS, CHESS RUMMY, DART,
POKER, SKILL GAMES, VIDEO GAMES, WALL GANES,
SNOOKER, COIN AND DICE GAMES, SIX COLOR GAMES,
TARGET, PING-PONG, CAROM AND OTHER GAMES OF SKILL,
WHICH ARE THE GAMES OF SKILL AS HELD BY THIS HONBLE
COURT IN VARIOUS WRIT PETITIONS.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking a direction by
issuance of a writ in the nature of mandamus directing the
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respondents-police to restrain from interfering with the
activities of the petitioner - recreational society.
2. Heard Sri Srinivasan Rao C., learned counsel for the
petitioner and Sri K.P.Yoganna, learned Additional Government
Advocate for the respondents.
3. Learned counsel appearing for the petitioner
submits that the petitioner - recreational society is registered
on 29.04.2014 and since then, it has not undertaken any such
illegal activity for interference by the respondents. He would
also submit that the issue is covered by several judgments
rendered by the co-ordinate benches of this Court and also in
the case of the very petitioner in W.P.No.20532/2023. A co-
ordinate bench of this Court in W.P.No.20532/2023 by following
the order passed in W.P.No.30071/2014 disposed on
15.10.2014, directed the petitioner to follow certain terms and
conditions in the recreational society, in terms of the order
dated 20.09.2023. Though the petitioner - recreational society
is abiding with the terms and conditions as directed by this
Court, the respondents - police are interfering with the
NC: 2024:KHC:15164
activities of the petitioner, which is contrary to law. Therefore,
the petitioner is before this Court in the subject petition.
4. In the peculiar facts and circumstances of this case, I
deem it appropriate to refer to the order passed by the Co-
ordinate Bench of this Court in W.P.No.30071/2014, disposed
on 15.10.2014. The guidelines issued by the Court in the said
writ petition reads as follows:
"(i) The petitioner shall install within a period of six
weeks, CC TV cameras, at the places of access to its
members and also at all the places, wherein games are
played by the members. The CC TV footage of atleast
prior 15 days' period shall be made available by the
petitioner to the jurisdictional police, as and when called
upon to do so.
(ii) The petitioner shall issue identity cards to all its
members, which shall be produced by the members,
when called upon by the concerned police, during the
raids, survelliance, 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 members, by indulging in acts of amusement, falling
within the definition of Sections 2(14) & 2(15) of the Act
and shall not permit any games of chance as per
Explanation (II) of Sub-section (7) of Section 2 of the Act.
The members shall not be allowed to play any kind of
games 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 games are played in any
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unlawful manner by the members. If the jurisdictional
police find the game/s played is/are contrary to any law
and in violation of the settled practice, it is open to them
to take action against the 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's - 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
members of the petitioner is/are found to have indulged
in any unlawful or immoral activities.
This writ petition is also disposed of in the aforesaid
terms..
In the light of the afore-quoted order, which covers the
issue on all its fours, the writ petition deserves to succeed.
5. For the aforesaid reasons, the following:
ORDER
a. The writ petition is allowed.
b. Mandamus issues to the respondents not to interfere
with the activities of the petitioner - Society.
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c. The respondents are at liberty to take legal action, in
the event, the activities of the recreational society are
found unlawful and while doing so, they shall bear in
mind the order passed in W.P.No.30071/2014 dated
15.10.2014.
Sd/-
JUDGE
NVJ
CT:SS
