Karnataka High Court
Revanth Recreation Association vs The State Of Karnataka on 12 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:5782
WP No. 3826 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 3826 OF 2024 (GM-POLICE)
BETWEEN:
REVANTH RECREATION ASSOCIATION
NO.142, PUTTARAJA NAGAR,
NEAR BADA CROSS,
DAVANAGERE - 577 003,
REPRESENTED BY ITS PRESIDENT,
UMESH E S.,
S/O SHIVAPPA,
AGED ABOUT 60 YEARS.
RESIDING AT NO.578,
BEHIND ANJANEYA TEMPLE,
SHEKHARAPPA BADAVANE,
AVARAGERE,
DAVANAGERE - 577 003,
Digitally signed by (REGISTERED UNDER KSR ACT, 1960)
PADMAVATHI B K
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI. CHANDAN B.K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
SECRETARY THE HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
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NC: 2024:KHC:5782
WP No. 3826 of 2024
2. THE DEPUTY COMMISSIONER - DAVANAGERE,
HARIHARA ROAD, KARUR,
DAVANAGERE - 577 006.
3. THE SUPERINTENDENT OF POLICE,
DEVARAJ URS BADAVANE,
DAVANAGERE - 577 004.
4. THE STATION HOUSE OFFICER,
CITY POLICE STATION,
DAVANAGERE - 577 006.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER
(REVANTH RECREATION ASSOCIATION) TO OBTAIN LICENSE
FOR PLAYING SKILL GAMES LIKE CHESS, CAROM AND RUMMY
EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE
LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC
AMUSEMENT ORDER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Chandan B.K., learned counsel appearing for
the petitioner and Sri. Manjunath K., the learned HCGP
appearing for the respondents.
NC: 2024:KHC:5782
2. The petitioner is before this Court, seeking for the
following prayers:
"a) Issue a Writ of Mandamus directing the Respondents
not to insist upon the Petitioner (Revanth Recreation
Association) to obtain license for playing skill games like
chess, carom and rummy either under the Karnataka
Police Act or under the Licensing & Controlling of the
Place of Public Amusement Order;
b) Issue such other writ/order/direction as deemed fit, in
the interest of justice."
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, 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
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:5782
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
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.
NC: 2024:KHC:5782
(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 supra and the
facts being undisputed, the petition stands disposed on the
same terms.
Sd/-
JUDGE
SJK
CT:SNN
