Karnataka High Court
The Malenadu Planters Recreation Club ... vs The State Of Karnataka on 8 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:816
WP No. 29352 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 29352 OF 2023 (GM-POLICE)
BETWEEN:
THE MALENADU PLANTERS
RECREATION CLUB (REGD).
DURGA INTERNATIONAL HOTEL BUILDING,
SELLER PORTION,
ANEMAHAL,
SAKALESHPURA,
HASSAN DISTRICT - 573 134.
REPRESENTED BY SECRETARY,
SRI. SUNIL DSOUZA,
S/O LATE CHARLES DSOUZA,
AGED ABOUT 44 YEARS,
FATHIMAPURA VILLAGE,
MUGALI POST,
Digitally signed by SAKALESHPURA TALUK,
PADMAVATHI B K
Location: HIGH
HASSAN DISTRICT - 573 214.
COURT OF ...PETITIONER
KARNATAKA
(BY SRI. SATHISHA D.J., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.
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WP No. 29352 of 2023
2. THE SUPERINTENDENT OF POLICE,
HASSAN DISTRICT,
HASSAN - 573 201.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
SAKALESHPURA DIVISION,
SAKALESHPURA - 573 134.
4. THE CIRCLE INSPECTOR OF POLICE,
SAKALESHPURA POLICE STATION,
SAKALESHPURA TOWN,
SAKALESHPURA TALUK - 573 134.
5. THE SUB-INSPECTOR OF POLICE,
SAKALESHPURA POLICE STATION,
SAKALESHPURA TOWN,
SAKALESHPURA TALUK - 573 134.
...RESPONDENTS
(BY SRI. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING TO R2
TO 5 ARE NOT TO INTERFERE WITH THE ACTIVITIES OF THE
PETITIONERS MALENADU PLANTERS RECREATION CLUB
(REGD) AND R2 TO 5 ARE NOT TO INSIST THE PETITIONER
CLUB TO OBTAIN LICENSE / PERMISSION TO CONDUCT THE
INDOOR OR SKILLED GAMES LIKE CHESS, CAROM, TABLE
TENNIS, RUMMY, BEST OF SEVEN, SIX COLOUR GAME CARDS
CLUB, JOKERBONUS, JACKPOT AND TO RUN THE BUSINESS OF
ALL INDOOR GAMES ETC., AS PER THE ORDER PASSED IN WP
45614/2015 DATED 03/11/2015 AT ANNEXURE-E, AND ORDER
IN WP 3286/2020 AND 02/02/2020, AT ANNEXURE-F, AND
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WP No. 29352 of 2023
ORDER IN WP NO.22854/2022 DATED 25/11/2022 AND
ANNEXURE-G.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Sathisha D.J., 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 a writ of Mandamus or any other appropriate
writ, order or direction, directing to Respondent
No.2 to 5 are not to interfere with the activities of
the petitioners Malenadu Planters recreation club
(Regd) and respondents NO.2 to 5 are not to insist
the petitioner club to obtain License/permission to
conduct the indoor or Skilled games like Chess,
Carom, Table Tennis, Rummy, Best of Seven, Six
Colour game cards club, Jokerbonus,
Jackpot and to run the business of all indoor
games etc, as per the order
passed in WP 45614/2015 dated 3/11/2015 at
Annexure-E, and order in WP 3286/2020 dated
20/2/2020. at Annexure-F, and order in WP
No.22854/2022 dated 25/11/2022 at Annexure-G,
In the interest of justice and equity.
b) Grant such other and further relief as this Hon'ble
Court deems fit and proper under the facts and
circumstances of the case, in the interest of justice
and equity."
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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.
(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
W.P.No.38068/2015 disposed on 09.09.2015
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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
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."
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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
