Karnataka High Court
Yashasvi Recreation Association vs The State Of Karnataka on 25 October, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC-D:15622
WP No. 105817 of 2024
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 105817 OF 2024 (GM-POLICE)
BETWEEN:
YASHASVI RECREATION ASSOCIATION,
HEAD OFFICE AT: SHEREWAD, HUBBALLI-580028,
BRANCH AT: NO.11/2K, TIMMAPUR,
TADAS GRAM PANCHAYAT, TQ: SHIGGAON,
DIST: HAVERI-581212,
REPRESENTED BY ITS PRESIDENT,
SHRI SHAREEFSAB RAJESAB NADAF,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/AT. MULLANAVAR ONI, KALYANKOND,
TQ: SHIGGAON, DIST: HAVERI-581193.
...PETITIONER
(BY SRI GOURISHANKAR MOT, ADVOCATE.)
AND:
MALLIKARJUN 1. THE STATE OF KARNATAKA,
RUDRAYYA
KALMATH REPRESENTED BY ITS SECRETARY,
Location: HIGH
HOME DEPARTMENT, VIDHANA SOUDHA,
COURT OF
KARNATAKA
DR. B.R. AMBEDKAR VEEDHI,
DHARWAD
BENCH BENGALURU-560007.
2. THE SUPERINTENDENT OF POLICE,
HAVERI-581193.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
SHIGGAON, DIST: HAVERI-581193.
4. POLICE SUB INSPECTOR,
TADAS POLICE STATION,
TQ: SHIGGAON, DIST: HAVERI-581212.
...RESPONDENTS
(BY SRI ASHOK T. KATTIMANI, ADDL. GOVERNMENT ADVOCATE.)
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NC: 2024:KHC-D:15622
WP No. 105817 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTIONS, DIRECTING RESPONDENT NO.4 NOT TO INSIST UPON
THE PETITIONER TO OBTAIN THE LICENCE TO CARRY IN LAWFUL
ACTIVITIES PERTAINING TO THE PETITIONER'S ASSOCIATION,
EITHER UNDER THE LICENSING AND CONTROLLING OF THE PLACES
OF PUBLIC ENTERTAINMENT AMUSEMENT ACT OR UNDER
KARNATAKA POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF
SKILL DART GAMES LIKE CRICKET, KABADI, KARATE, CAROM,
CHESS, SNOOKER, VOLLEYBALL, RUMMY (NON GAMBLING), CARDS,
GAMES ETC WHICH ARE THE GAMES OF SKILL AND ETC.,.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
There is no representation on behalf of the petitioner.
Heard the learned HCGP for respondents No.1 to 4.
2. The petitioner is a recreation club registered
under the Karnataka Societies Registration Act. It provides
activities of social, religious, cultural and philosophical
discussions and sports to its members. It has valid
registration certificate obtained from the registration
authorities. Certain skill games have been carried out in the
recreation facilities of the association.
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3. This being the state of affairs, respondent No.4
jurisdictional police came to the petitioner association and
insisted the petitioner to obtain licence under the provisions
of Karnataka Police Act and also under Licencing and
Controlling of the places of Public Entertainment Amusement
Act, thereby interfered with the legal activities being carried
out by the association. Hence the petitioner due to the
interference of respondent No.4 is before this Court invoking
the writ jurisdiction seeking a writ of mandamus for a
direction to the respondent authorities not to insist to obtain
any licence for those activities, which is not called for and
does not apply to the sports activities and the entertainment
and recreational activities involved in the association.
4. Per contra, learned HCGP contends that they are
not inclined to interfere with the legal activities being
performed. They are only doing the routine work of finding
out if any illegal, unlawful activities are being carried-on by
the petitioner in the association/recreation facility. Under the
circumstances, he contends that if all necessary permissions
and licence are obtained as required in law, they would not
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interfere. However, they should not be restrained to carryout
routine check up to see if there are any illegal and unlawful
activities therein being carried-on.
5. Having heard both the learned counsels and
relying upon the judgment of Co-ordinate Bench of this Court
in W.P.No.105936/2022, decided on 16.12.2022, this
petition requires to be allowed by directing the petitioner to
follow the guidelines issued therein. Accordingly the petition
is allowed, subject to following the guidelines issued in the
order passed in the said writ petition which are extracted as
under:
"(i) The petitioner shall install 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 within a period of six
weeks. The CC TV footage of atleast prior 15 days'
period shall be made available by the petitioner to
the jurisdiction 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 concerned police, during the raid(s),
surveillance, etc.
(iii) The petitioner shall not allow any non-
member(s) or the guest(s) of the member(s) to
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make use of its premises for the purpose of
playing any kind of games 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 jurisdiction police find that the
game(s) played is/are contrary to any law and in
violation of the settled practice, it is open to them
to take action against the 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's-
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
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the petitioner is/are found to have indulged in any
unlawful or immoral activities."
Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
MRK
CT-MCK
