Karnataka High Court
Banjara Friends Recreation Club vs The State Of Karnataka on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:15974
WP No. 11605 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. 11605 OF 2024 (GM-POLICE)
BETWEEN:
BANJARA FRIENDS RECREATION CLUB,
S.J.S. BUILDING
GOODSHED ROAD
ARASIKERE - 573 103
REPRESENTED BY ITS
SECRETARY K.S.JAYARAMU
S/O SUBBANAYKA
AGED ABOUT 57 YEARS
WORKING AS BUSINESSMEN
KAREHALLI TANDYA
TIRUPATHI POST
ARASIKERE TALUK
HASSAN DISTRICT - 573 103.
REGISTERED UNDER SOCIETIES ACT, 1960.
Digitally signed
by NAGAVENI ...PETITIONER
Location:
HIGH COURT (BY SRI MADHU M.T., ADVOCATE)
OF
KARNATAKA AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT
VIDHAN SOUDHA
BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE
HASSAN DISTRICT
-2-
NC: 2024:KHC:15974
WP No. 11605 of 2024
HASSAN - 573 201.
3. THE DEPUTY SUPERINTENDENT OF POLICE
HOLENARASIPURA
HASAN DISTRICT - 573 201.
4. THE CIRCLE INSPECTOR OF POLICE
ARASIKERE CIRCLE
ARASIKERE
HASSAN DISTRICT - 572 159.
5. THE SUB-INSPECTOR OF POLICE
ARASIKERE POLICE STATION
ARASIKERE
HASSAN DISTRICT - 573 103.
...RESPONDENTS
(BY SRI K.P.YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTIONS OR ORDER TO THE RESPONDENTS NOT INSIST
THE PETITIONER TO OBTAIN ANY LICENSE TO CARRY ON
LAWFUL ACTIVITIES INCLUDING THE RUMMY IN PREMISES OF
THE PETITIONER EITHER UNDER THE LICENSING AND
CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER OR
UNDER THE KARNATAKA POLICE ACT AND NOT TO
INTERFERENCE WITH THE RECREATIONAL AND OTHER LAWFUL
ACTIVITIES CARRIED ON THE PETITIONERS IN ANY MANNERS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court, seeking for the
following prayer:
NC: 2024:KHC:15974
"a) Issue writ of Mandamus or any other appropriate
writ, directions or order to the Respondents not
insist the petitioner to obtain any license to carry
on lawful activities including the Rummy in the
premises of the petitioner either under the licensing
and controlling of places of public amusement order
or under the Karnataka police Act and not to
interference with the recreational and other lawful
activities carried on in the petitioners in any
manners in the interest of justice and equity.
b) Grant such others relief's as this Hon'ble court
deems fit in the facts and circumstances of the case
in the interest of justice and equity."
2. Heard Sri. Madhu.M.T., 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
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:15974
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
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
NC: 2024:KHC:15974
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.
(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
