Karnataka High Court
Shree Shiv Basav Sports And Social Club vs The State Of Karnataka on 6 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 100696 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.100696 OF 2025 (GM-POLICE)
BETWEEN:
SHREE SHIV BASAV SPORTS
AND SOCIAL CLUB,
SY. NO. 1690/1/A, AT-POST KUDACHI,
TQ: RAIBHAG, DIST: BELAGAVI - 591 311,
REPRESENTED BY ITS PRESIDENT,
SRI VINODKUMAR RAVASAB DARURE,
AGED: MAJOR, OCC: BUSINESS,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI - 591 311.
...PETITIONER
(BY SRI SUNIL KHOT, ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA,
VISHAL NINGAPPA
PATTIHAL REPRESENTED BY ITS SECRETARY,
Location: High
Court of Karnataka, DEPARTMENT OF HOME,
Dharwad Bench,
Dharwad VIDHANA SOUDHA, BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER BELAGAVI,
BELAGAVI, TQ. AND DIST. BELAGAVI - 590 001.
3. THE SUPERINTENDENT OF POLICE BELAGAVI,
TQ. AND DIST. BELAGAVI - 590 001.
4. THE POLICE INSPECTOR, RAIBAG POLICE STATION,
RAIBAG, TQ: RAIBAG, DIST: BELAGAVI - 591 317.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA)
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WP No. 100696 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION IN
THE LIKE NATURE DIRECTING THE RESPONDENT NOS. 2 TO 4
HEREIN NOT INTERFERE WITH THE DAY-TO-DAY AFFAIRS AND
ACTIVITIES OF THE PETITIONER SOCIAL CLUB, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking a direction
by issuance of a writ in the nature of mandamus directing
the respondents-Police to restrain from interfering with the
activities of the petitioner-Club.
2. Heard Sri Sunil Khot, learned counsel for the
petitioner and Sri Sharad V.Magadum, learned AGA for the
respondents.
3. Learned counsel appearing for the petitioner
submits that the petitioner - Club has not undertaken any
such illegal activity for interference. He would also submit
that the issue is covered by plethora of judgments
rendered by this Court. Though the petitioner -
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Association is abiding with the terms and conditions as
directed by this Court, the respondents - Police are
insisting to obtain license, which is contrary to law.
4. In the peculiar facts and circumstances of this
case, I deem it appropriate to refer to the order passed by
the Co-ordinate Bench of this Court in
W.P.No.12241/2018, disposed on 27.03.2018, wherein it
has held as follows:
"3. 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
(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 the places of
access to its members and also at all the
places, wherein games are played by the
members. The CC TV footage of atleast prior
15 days' period shall be made available by
the petitioner to the jurisdictional police, as
and when called upon to do so.
(ii) The petitioner shall issue identity cards to all
its members, which shall be produced by the
members, when called upon by the concerned
police, during the raids, surveillance, 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
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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 members, by indulging in acts of
amusement, falling within the definition of
Sections 2(14) & 2(15) of the Act and shall
not permit any games of chance as per
Explanation (II) of Sub-section (7) of Section
2 of the Act. The members shall not be
allowed to play any kind of games 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 games are
played in any unlawful manner by the
members. If the jurisdictional police find 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 members
of the petitioner is/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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In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court
(supra), on all its fours and on the same reasons, the
subject petition also stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP/CT-ASC
