Karnataka High Court
Blues Sports And Cultural Trust vs The State Of Karnataka on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:16236
WP No. 7594 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 7594 OF 2024 (GM-POLICE)
BETWEEN:
BLUES SPORTS AND CULTURAL TRUST,
SITUATED AT KURIKEMPANAHALLI,
BELLAVI HOBLI,
TUMAKURU TALUK,
TUMAKURU DISTRICT - 572 107.
IT IS A TRUST REGISTERED UNDER
THE INDIAN TRUST ACT AND
REPRESENTED BY ITS
MANAGING TRUSTEE,
SRI. NARASIMHAMURTHY B. D.,
S/O. SRI. DODDA OBLAIAH,
AGED ABOUT 39 YEARS,
R/O. BELLAVI VILLAGE,
Digitally signed BELLAVI HOBLI,
by NAGAVENI
TUMAKURU TALUK,
Location: HIGH
COURT OF TUMAKURU DISTRICT - 572 107.
KARNATAKA ...PETITIONER
(BY SRI. JNANESH KUMAR K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU - 560 001.
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WP No. 7594 of 2024
2. THE SUPERINTENDENT OF POLICE,
B.H. ROAD, ASHOKA NAGAR,
TUMAKURU CITY - 572 103.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
TUMAKURU DISTRICT,
TUMAKURU - 572 101.
4. THE CIRCLE INSPECTOR OF POLICE,
TUMAKURU RURAL,
TUMAKURU - 572 101.
5. THE SUB INSPECTOR OF POLICE,
BELLAVI POLICE STATION,
TUMAKURU - 572 107.
...RESPONDENTS
(BY SRI.K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE
BUSINESS CARRIED ON BY THE PETITIONER I.E, BLUES
SPORTS AND CULTURAL TRUST FOR PLAYING INDOOR GAMES
SUCH AS CHESS, UNO CARDS, LUDO DART BOARD, CAROM
BOARD, SNOOKER AND SKILL GAME LIKE RUMMY, ETC., IN A
LEASED PREMISES SITUATED AT KURIKEMPANAHALLI
VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKUR
DISTRICT AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 7594 of 2024
ORDER
Both learned counsel for the petitioner and learned
AGA for respondents would submit that issue stands
answered by the judgment rendered by the co-ordinate
Bench of this Court.
2. The co-ordinate bench has held as follows:
"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.
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
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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 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
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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.
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."
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In the light of the issue answered and for the same
reasons, granting the same relief, petition stands
disposed of.
Sd/-
JUDGE
BVK
