Karnataka High Court
The Village Recreation Club vs The State Of Karnataka on 6 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:2347
WP No. 100683 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.100683 OF 2025 (GM-POLICE)
BETWEEN:
THE VILLAGE RECREATION CLUB,
LOKAPURA, TQ. MUDHOL,
DIST. BAGALKOT - 587 122,
R/BY ITS CHAIRMAN,
SRI ANANDA S/O. KALLAPA GAGGARI,
AGED ABOUT 49 YEARS,
OCC: BUSINESS, R/O: HANDIGUNDA,
TQ: RAIBAG,
DIST: BELAGAVI - 591 235.
...PETITIONER
(BY SRI SHRIKANT T. PATIL, ADVOCATE)
Digitally signed by
VISHAL AND:
NINGAPPA
PATTIHAL
Location: High
Court of Karnataka,
Dharwad Bench, 1. THE STATE OF KARNATAKA,
Dharwad
R/BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
BAGALKOT,
TQ. AND DIST. BAGALKOT - 587 103.
3. THE SUPERINTENDENT OF POLICE,
BAGALKOT,
TQ. AND DIST. BAGALKOT - 587 103.
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NC: 2025:KHC-D:2347
WP No. 100683 of 2025
4. THE POLICE INSPECTOR,
RABAKAVI-BANAHATTI POLICE STATION,
RABAKAVI,
TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT - 587 301.
...RESPONDENTS
(BY SRI SHARD V. MAGADUM, AGA)
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 TOR HEREIN NOT TO INTERFERE
WITH THE DAY-TO-DAY AFFAIRS AND ACTIVITIES OF THE
PETITIONER CLUB, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN 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 Shrikant T. Patil, learned counsel for
the petitioner and Sri Sharad V.Magadum, learned AGA for
the respondents.
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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 -
Association is abiding with the terms and conditions as
directed by this Court, the respondents - Police are
insisting to obtain licence, 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
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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
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.
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(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."
5. 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
KGK/CT-ASC
