Karnataka High Court
Yalagannavar Social Club vs The State Of Karnataka on 29 January, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:1766
WP No. 100350 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 100350 OF 2025 (GM-POLICE)
BETWEEN:
YALAGANNAVAR SOCIAL CLUB,
VEERAPUR, BAGALKOTE,
REP BY ITS SECRETARY,
MOHAN S/O. DYAMANNA YALAGANNAVAR,
AGE ABOUT. 37 YEARS, OCC. BUSINESS,
R/O. TQ. VEERAPUR,
DIST. BAGALKOT- 587103.
...PETITIONER
(BY SMT.JOSHNA P. DHANAVE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
BANGALORE -01.
Digitally signed by
VISHAL NINGAPPA 2. SUPERINTENDENT OF POLICE,
PATTIHAL
Location: High
NAVANAGAR, DIST. BAGALKOT- 587103.
Court of Karnataka,
Dharwad Bench
3. CIRCLE POLICE INSPECTOR,
DIST. BAGALKOT- 587103.
4. SUB-INSPECTOR OF POLICE
DIST. BAGALKOT- 587103.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT OF
MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION DIRECTING THE RESPONDENTS NOT TO INSIST UPON
THE PETITIONER TO OBTAIN LICENCE FOR THE PLAY OF CAROM,
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NC: 2025:KHC-D:1766
WP No. 100350 of 2025
CHESS, RUMMY AND BURJI ETC., IN ITS PREMISES EITHER UNDER
THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND
CONTROLLING OF THE 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
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The learned counsel appearing for the petitioner
Smt.Joshna Dhanave submits that the issue in the lis
stands covered by the judgment rendered by the
Coordinate Bench in W.P.No.21211/2017 disposed on 11th
May 2017.
2. The learned AGA Sri. Sharad V. Magadum would
not dispute the position of law as laid down by the
Coordinate Bench in the aforesaid judgment.
3. The Coordinate Bench has held as follows:
"Heard.
2. Sri T.Nagaraja, learned counsel for the
petitioner submits that this matter is covered by an
order of this Court dated September 9, 2015 in
W.P.No.38068 of 2015. The said submission is not
disputed by the learned HCGP.
3. In the circumstances, this petition is disposed
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of with following directions:
"(i) 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
games(s) is / are played by the members.
The CC TV footage of atleast prior 15 days'
period shall be made available by the
petitioner, to the 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 police, during the raid(s) and
surveillances 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 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 police
find that game(s) played in contrary to any
law and in violation of the settled practice,
it is open to them to take action against
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
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petitioner's premises.
(vii) The respondents are directed not to
interfere with the lawful recreational
activities carried on by the members of the
petitioner - 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 the petitioner are found
to have indulged in any unlawful or
immoral activities."
4. Learned HCGP is permitted to file his memo of
appearance in four weeks."
4. In the light of the aforesaid submission, which
is in unison, the petition is disposed of in terms of the
afore-quoted directions.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KGK/CT-GTB
