Karnataka High Court
Sri Sai Family Sports And Recreation ... vs The Chief Secretary on 16 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:1962
WP No. 1299 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.1299 OF 2024 (GM-POLICE)
BETWEEN:
SRI. SAI FAMILY SPORTS AND
RECREATION ASSOCIATION,
DOOR NO.7, 2ND MAIN ROAD,
CHIKKA ADUGODI,
DHARMARAM COLLEGE,
BANGALORE - 560 029,
"SOCIETY REGISTERED UNDER
KARNATAKA SOCIETIES
REGISTRATION ACT, 1960",
REP. BY ITS PRESIDENT
N. SUNILKUMAR,
S/O NARASIMHAIAH G.,
AGED ABOUT 40 YEARS,
ND
Digitally signed by R/AT NO.07, 2 CROSS,
PADMAVATHI B K NEAR VENKATESHWARA TEMPLE,
Location: HIGH
COURT OF CHIKKA ADUGODI,
KARNATAKA DHARMARAM COLLEGE,
BANGALORE - 560 029.
...PETITIONER
(BY SRI. R.SHASHIDHARA, ADVOCATE)
AND:
1. THE CHIEF SECRETARY,
THE STATE GOVERNMENT
OF KARNATAKA,
VIDHANA SOUDHA,
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NC: 2024:KHC:1962
WP No. 1299 of 2024
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU - 560 001.
3. DIRECTOR GENERAL OF POLICE,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
4. THE ADGP L AND O,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
5. THE INSPECTOR GENERAL OF POLICE,
CENTRAL RANGE,
BENGALURU - 560 001.
6. SUPERINTENDENT OF POLICE,
BENGALURU RURAL DISTRICT,
BENGALURU - 560 052.
7. THE DEPUTY SUPERINTENDENT OF POLICE,
DODDABALLAPURA SUB-DIVISION,
BENGALURU RURAL DIST - 560 052.
8. THE INSPECTOR OF POLICE,
DODDABALLAPURA RURAL POLICE STATION,
DODDABALLAPURA - 577 526.
...RESPONDENTS
(BY SRI. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS
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NC: 2024:KHC:1962
WP No. 1299 of 2024
TO THE RESPONDENTS NOT INSIST THE PETITIONER TO
OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES LIKE
FOR PLAYING SKILL GAMES, CHESS, SNOOKER, CAROM,
ELECTRIC COIN GAMES, FANTASTIC-III, 3 DIES BOWLING,
POKER, WALL GAME, SIX COLOR GAMES, RUMMY ETC IN THE
PREMISES OF THE PETITIONER SOCIETY 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 PETITIONER
SOCIETY IN ANY MANNERS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. R. Shashidhara, 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 prayers:
"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 like for playing skill games,
chess, snooker, carom, electric coin games,
fantastic-III, 3 dies bowling, poker, wall game, six
color games, rummy etc in the premises of the
petitioner society either under the licensing and
controlling of places of public amusement order or
NC: 2024:KHC:1962
under the Karnataka police Act and not to
interference with the recreational and other lawful
activities carried on in the petitioner society 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."
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:1962
(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
police invoking the provisions of the Act and
NC: 2024:KHC:1962
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
SJK
CT:SNN
