Karnataka High Court
R R Creation Club (R) vs The State Of Karnataka on 16 January, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:681
WP No. 107632 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107632 OF 2024 (GM-POLICE)
BETWEEN:
R.R. CREATION CLUB (R), HITNAL, KOPPAL,
R/BY ITS SECRETARY
MR. SUBAANASAAB BAIRAPUR,
R/O: 110, BAIRAPUR, KOPPAL,
KARNATAKA-583231.
...PETITIONER
(BY SRI.PRASHANT F.GOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY, DEPARTMENT OF HOME,
VIDHAN SOUDHA, BENGALURU-01.
VISHAL 2. THE SUPERINTENDENT OF POLICE KOPPAL,
NINGAPPA
PATTIHAL KOPAL DISTRICT-583231.
Digitally signed by VISHAL
NINGAPPA PATTIHAL
Location: High Court of
Karnataka Dharwad
Date: 2025.01.18 11:02:13
3. THE DEPUTY SUPERINTENDENT OF POLICE,
+0530
KOPPAL DISTRICT-583231.
4. THE CIRCLE INSPECTOR OF POLICE,
KOPPAL POLICE STATION,
TQ. KOPPAL, DIST. KOPPAL-583231.
5. THE SUB INSPECTOR OF POLICE,
MUNIRABAD POLICE STATION,
TQ. KOPPA, DIST. KOPPAL-583233.
... RESPONDENTS
(BY SRI.V.S. KALASURMATH, AGA)
-2-
NC: 2025:KHC-D:681
WP No. 107632 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE
OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT/ORDERS
DIRECTING THE RESPONDENTS AUTHORITIES NOT TO INSIST UPON
THE PETITIONER FOR OBTAIN LICENSE PLAYING SKILL GAMES LIKE
CHESS, DART GAME AND CAROM, VIDEO GAMES, ELECTRONIC
AMUSEMENT GAMES, DICE GAME EITHER UNDER KARNATAKA POLICE
ACT 1960 OR UNDER THE LICENSING OF CONTROLLING OF PLACE OF
PUBLIC AMUSEMENT ORDER, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORAL ORDER/JUDGMENT
(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 Shri Prashant F.Goudar, learned counsel
for the petitioner and Sri V.S. Kalasurmath, 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
NC: 2025:KHC-D:681
by this Court. Though the petitioner - Club 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
NC: 2025:KHC-D:681
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.
NC: 2025:KHC-D:681
(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."
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
VNP
