Karnataka High Court
M/S Big Banyan Tree Cultural And Sports ... vs The Director General And Inspector ... on 3 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:206
WP No. 26190 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 26190 OF 2023 (GM-POLICE)
BETWEEN:
M/S BIG BANYAN TREE CULTURAL
AND SPORTS CLUB (R)
DODDALADAMARA
NO.12 AND 21 CGD LAYOUT,
BUILDING CHUNCHANAKUPPE,
CHUNCHANAKUPPE POST
BENGALURU SOUTH TALUK,
TAVAREKERE HOBLI,
BENGALURU-562130
REPRESENTED BY ITS SECRETARY,
SRI K MUTHURAJAIAH
AGED 53 YEARS
S/O LATE KALINGAIAH
...PETITIONER
(BY SRI. JAGADISH BALIGA N.,ADVOCATE)
AND:
Digitally signed by
PADMAVATHI B K 1. THE DIRECTOR GENERAL AND
Location: HIGH INSPECTOR GENERAL OF POLICE
COURT OF
KARNATAKA POLICE HEAD QUARTERS,
NRUPATUNGA ROAD,
BENGALURU-560001
2. THE ADDITIONAL COMMISSIONER OF POLICE
INFANTRY ROAD, BENGALURU-560001
3. THE INSPECTOR OF POLICE
THAVAREKERE POLICE STATION
BENGALURU-560060
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
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NC: 2024:KHC:206
WP No. 26190 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE
RESPONDENTS 1 TO 3 AND THEIR SUBORDINATES NOT TO
INTERFERE IN THE SMOOTH FUNCTIONING OF THE CLUB IN
CONDUCTING SKILL GAMES LIKE CARDS (RUMMY), CHESS, CAROM,
SNOOKER, VIDEO GAMES AND SIX COLOR PIN GAME (DART) AND
ANY OTHER SKILL GAMES PLAYED AS PER THE ABOVEMENTIONED
COURT ORDERS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Jagadish Baliga N., 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:
"i) Issue Writ of Mandamus or any other Writ or direction
directing the Respondents 1 to 3 and their subordinates
not to interfere in the smooth functioning of the club in
conducting skill games like cards (rummy), chess,
carom, snooker, video games and six color pin game
(dart) and any other skill games played as per the
abovementioned court Orders; and
ii). grant such other and further reliefs deems fit under
the circumstances of the case including the cost, in the
interests of justice and equity"
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
NC: 2024:KHC:206
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.
(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
W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:206
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
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
NC: 2024:KHC:206
being undisputed, the petition stands disposed on the same
terms.
Sd/-
JUDGE
KG
