Citation : 2025 Latest Caselaw 3749 Kant
Judgement Date : 10 February, 2025
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NC: 2025:KHC:5773
WP No. 3286 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 3286 OF 2025 (GM-POLICE)
BETWEEN:
RECKON RECREATION TRUST
REGISTERED OFFICE AT KORA,
TUMAKURU TALUK,
TUMAKURU DISTRICT - 572 128.
IT IS A TRUST REGISTERED UNDER THE
INDIAN TRUST ACT AND
REPRESENTED BY ITS PRESIDENT,
SRI. RAMANNA S,
S/O. SRI. SIDDAPPA,
AGED ABOUT 38 YEARS,
R/O. KALLUMANETHOTA, AGRAHARA POST,
C N DURGA HOBLI, KORATAGERE TALUK,
Digitally TUMAKURU DISTRICT - 572 129.
signed by ...PETITIONER
KAVYA R
Location: (BY SRI. VEERAYYA HIREMATH, ADVOCATE)
High Court of
Karnataka AND:
1. THE SECRETARY
DEPARTMENT OF HOME,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE,
TUMKUR DISTRICT, TUMKUR - 572 101.
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NC: 2025:KHC:5773
WP No. 3286 of 2025
3. THE DEPUTY SUPERINTENDENT OF POLICE,
TUMAKUR, TUMKUR - 572 101.
4. THE CIRCLE INSPECTOR
TUMAKURU RURAL,
TUMKUR DISTRICT - 572 129.
5. THE SUB INSPECTOR,
KORA POLICE STATION,
TUMKUR TALUK AND DISTRICT - 572 128.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NOT TO INTERFERE IN THE SPORTS CULTURAL
AND SKILL ORIENTED GAMES AND INDOOR AND OUTDOOR
GAMES LIKE CHESS, CAROM, BASKET BALL, SNOOKER AND
SKILL GAMES LIKE JACKPOT AND RUMMY AS HELD BY THIS
COURT IN VARIOUS WP BY ISSUE OF WRIT IN THE NATURE OF
MANDAMUS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Heard the learned counsel for the petitioner and
learned High Court Government Pleader.
NC: 2025:KHC:5773
2. 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.
3. Learned counsel for the petitioner would submit
that, this Court in similar matters has been pleased to
dispose of the writ petition granting the relief.
4. Learned High Court Government Pleader 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.
5. The submission of the learned High Court
Government Pleader is placed on record. If any illegal or
unlawful activities are conducted or permitted in the
NC: 2025:KHC:5773
petitioner's premises, it is always open for the respondents
to initiate such action as permitted under law.
6. 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 Kalaburagi 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:
a. 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.
NC: 2025:KHC:5773
b. 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.
c. The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of S.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.
d. 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 practice, it is open for them to take action against
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petitioner and the offenders, in accordance with law.
e. 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.
f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner - Club/Association.
g. 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/-
(R DEVDAS) JUDGE rv
CT: BHK
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