Karnataka High Court
Rishika Sports And Cultural ... vs The State Of Karnataka on 24 October, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:42967
WP No. 28570 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 28570 OF 2024 (GM-POLICE)
BETWEEN:
RISHIKA SPORTS AND CULTURAL ASSOCIATION
NO.131/126, MATTADALADINNE VILLAGE,
PARAH GODU GRAMPANCHAYATH,
BAGEPALLI TALUK,
CHIKKABALLAPUR DISTRICT.
REPRESENTED BY ITS PRESIDENT,
MR. K. RAMESH BABU,
AGED ABOUT 43 YEARS,
SON OF LATE KANNAPARTHI RAMULU
R/AT NO.4-35-391, MADHAVANAM,
NAGAR COLONY, ALWYN COLONY,
KUTAPALLI, HYDERABAD
STATE OF ANDHRA PRADESH.
...PETITIONER
(BY SRI. IMTIZA AHMED KHAN, ADVOCATE)
Digitally signed by AND:
R HEMALATHA
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA
DEPARTMENT OF HOME AFFAIRS,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE - 560 001
REPT. BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE - 560 001.
3. THE INSPECTOR GENERAL OF POLICE
NRUPATHUNGA ROAD,
BANGALORE - 560 001.
-2-
NC: 2024:KHC:42967
WP No. 28570 of 2024
4. THE SUPERINTENDENT OF POLICE
CHIKKABALLAPURA-561 207,
CHIKKABALLAPURA DISTRICT.
5. THE DEPUTY SUPERINTENDENT OF POLICE
CHIKKABALLAPURA-562101,
CHIKKABALLAPURA DISTRICT.
6. THE INSPECTOR OF TOWN POLICE
BAGEPALLI,
BAGEPALLI-561 207.
CHIKKABALLAPURA DISTRICT.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 TO 6 NOT TO INSIST UPON THE
PETITIONER'S ASSOCIATION TO OBTAIN THE LICENSE TO
PLAY INDOOR GAMES LIKE RUMMY, SNOOKER, CHESS,
SKILL GAMES, CAROM, POKER GAMES AND OTHER SPORTS
ACTIVITIES IN THE PREMISES OF THE PETITIONER'S
ASSOCIATION AT NO.131/126, MATTADALADINNE VILLAGE,
PARAH GODU GRAMPANCHAYATH, BAGEPALLI TALUK,
CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT, UNDER THE
KARNATAKA POLICE ACT OR UNDER THE CONTROL OF THE
PUBLIC AMUSEMENT ACT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned Additional Government Advocate accepts notice
for the respondents.
2. Heard the learned counsel for the petitioner and
learned Additional Government Advocate.
NC: 2024:KHC:42967
3. The petitioner is before this Court praying for issuance
of a writ of mandamus thereby directing the respondents not to
insist upon the petitioner to obtain license for the recreation
activities conducted by the petitioner in the schedule premises
either under the Karnataka Police Act, 1963 or under the Licensing
and Controlling of the Places of Public Amusement Order, 1970.
4. The learned counsel for the petitioner would submit
that, this Court in similar matters has been pleased to dispose of
the writ petitions granting the relief.
5. The learned Additional Government Advocate would
submit that the writ petition could be disposed of in terms of the
order passed by this Court on 28.11.2018 while disposing of
W.P.No.50923/2018.
6. The submission of the learned Additional Government
Advocate is placed on record. If any illegal or unlawful activities are
conducted or permitted in the petitioner's premises, it is always
open for the respondents to initiate such action as permitted under
law.
7. The learned counsel for the petitioner has brought to
the notice of this Court a judgment passed by the Division Bench of
this Court at Kalaburgi, in W.A.No.20090/2015 in the case of
D.V.R. Recreation Club Vs State of Karnataka, disposed of on
27.06.2016 and further order issued on a review petition in the
same matter on 19.10.2016. In view of the subsequent directions
issued by the Hon'ble Division Bench, the present writ petition is
disposed of with the following directions:
NC: 2024:KHC:42967
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 game/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 surveillance etc.
iii) 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, except
games of skills.
iv) 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 any of the game/s played is/are
contrary to any law and in violation of the settled
NC: 2024:KHC:42967
practice, it is open for them to take action against
petitioner and the offenders, in accordance with
law.
v) 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.
vi) The respondents are directed not to interfere with
the lawful recreational activities carried on by the
members of the petitioner - Club/Association.
vii) 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.
Ordered accordingly.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
