Karnataka High Court
R.R. Sports And Recreation Association vs The State Of Karnataka on 19 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:7124
WP No. 3190 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 3190 OF 2024 (GM-POLICE)
BETWEEN:
R.R. SPORTS AND RECREATION ASSOCIATION -
J. HOSAHALLI,
J. HOSAHALLI, HOSURU POST,
GOWDAGERE HOBLI,
SIRA - 572139,
TUMAKURU DISTRICT,
REPRESENTED BY ITS PRESIDENT,
SRI. T. RAJANNA,
REGISTER UNDER KARNATAKA SOCIETIES
REGISTRATION ACT 1960
...PETITIONER
(BY SRI. LAKSHMIKANTH K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed REPRESENTED BY ITS SECRETARY,
by NAGAVENI
HOME DEPARTMENT,
Location: HIGH
COURT OF VIDHANA SOUDHA,
KARNATAKA BENGALURU - 560 001
2. THE SUPERINTENDENT OF POLICE
TUMKUR DISTRICT,
TUMKUR - 572101
3. THE DEPUTY SUPERINTENDENT OF POLICE
SIRA SUB-DIVISION,
SIRA - 572139,
TUMAKURU DISTRICT
4. THE CIRCLE INSPECTOR OF POLICE
SIRA SUB DIVISION,
-2-
NC: 2024:KHC:7124
WP No. 3190 of 2024
SIRA - 572139,
TUMAKURU DISTRICT
5. THE SUB-INSPECTOR OF POLICE
TAVAREKERE POLICE STATION,
SIRA TALUK - 572139,
TUMKURU DISTRICT
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS AUTHORITIES TO REFRAIN FROM INTERFERING
WITH THE DAY TO DAY ACTIVITIES, OF THE PETITIONER AND
FROM CAUSING THE DISTURBANCE AND OBSTRUCTION FROM
THE SMOOTH RUNNING OF THE WORKS, IN THE PREMISES AS
STATED IN CERTIFICATE OF REGISTRATION DTD 05.06.2023
AT ANNEXURE-A VIDE REG NO.DRTU/SOR/54/2023-2024 AND
PASS SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS
FIT IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Lakshmikanth K, learned counsel appearing for
the petitioner and Sri. Manjunath, the learned HCGP appearing
for the respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
"Issue a writ of mandamus and directing the
respondents authorities to refrain from interfering
with the day to day activities, of the petitioner and
NC: 2024:KHC:7124
from causing the disturbance and obstruction from
the smooth running of the works, in the premises as
stated in certificate of Registration dated 05.06.2023
at Annexure-A vide Reg.No.DRTU/SOR/54/2023-2024
and pass such other relief as this Hon'ble Court
deems 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
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.
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:7124
(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.
(viii) It is made clear that this order would
not come in the way of the jurisdictional
NC: 2024:KHC:7124
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, the petition stands disposed on the same
terms.
Sd/-
JUDGE
HJ
