United Social And Sports vs The State Of Karnataka
2025 Latest Caselaw 1578 Kant

Karnataka High Court

United Social And Sports vs The State Of Karnataka on 23 July, 2025

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

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                                                        NC: 2025:KHC-D:9100
                                                     WP No. 104962 of 2025


                 HC-KAR



                             IN THE HIGH COURT OF KARNATAKA,
                                     DHARWAD BENCH
                          DATED THIS THE 23RD DAY OF JULY 2025
                                          BEFORE
                      THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                      WRIT PETITION NO. 104962 OF 2025 (GM-POLICE)


                 BETWEEN:

                 UNITED SOCIAL AND SPORTS CLUB
                 BHIM NAGAR, HUKKERI, TALUK: HUKKERI,
                 DIST: BELAGAVI, R/BY ITS PRESIDENT
                 PRASHANT S/O. ATMARAM KELAGADE,
                 AGE: 43 YEARS, OCC: BUSINESS,
                 R/O. BHIM NAGAR, SANKESHWAR,
                 TALUKA: HUKKERI, DIST: BELAGAVI-591313.

                                                               ...PETITIONER
                 (BY SRI. SHIVANAND MALASHETTI, ADVOCATE)


                 AND:
VIJAYALAKSHMI
M KANKUPPI       1.   THE STATE OF KARNATAKA
                      REPRESENTED BY ITS SECRETARY,
Location: HIGH
COURT OF              DEPARTMENT OF HOME,
KARNATAKA
DHARWAD
BENCH                 VIDHAN SOUDHA, BENGALURU-560001.

                 2.   THE DEPUTY COMMISSIONER
                      BELAGAVI, TALUK: BELAGAVI,
                      DIST: BELAGAVI-590001.

                 3.   THE SUPERINTENDENT OF POLICE
                      BELAGAVI, TALUK: BELAGAVI,
                      DIST: BELAGAVI-590001.
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                                  WP No. 104962 of 2025


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4.   DEPUTY SUPERINTENDENT OF POLICE
     BELAGAVI, TALUK: BELAGAVI,
     DIST: BELAGAVI-590001.

5.   THE POLICE INSPECTOR
     HUKKERI POLICE STATION,
     HUKKERI, TALUK: HUKKERI,
     DIST: BELAGAVI-591313.

6.   THE ASSISTANT REGISTRAR OF
     CO-OPERATIVE SOCIETY AND DISTRICT
     REGISTERING AUTHORITY,
     BELAGAVI, TALUKA: BELAGAVI,
     DIST: BELAGAVI-590001.

                                          ...RESPONDENTS
(BY SRI. S.V.MAGADUM, ADDL. GOVT. ADVOCATE)

                           ---
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS
NO. 3, 4 AND 5 AS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR PLAYING SKILL GAMES INDOOR GAMES
LIKE CHESS, CAROM, RUMMY, ETC. AND ISSUE A DIRECTION
DIRECTING THE RESPONDENTS NO.3, 4 AND 5 AS NOT TO
INTERFERE WITH DAY TO DAY FUNCTION AND ACTIVITIES OF
THE PETITIONER CLUB IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.


      THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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                                        WP No. 104962 of 2025


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                           ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

Learned AGA takes notice for respondents.

2. Heard the learned counsel for the petitioner and

the learned AGA representing the respondents.

3. This petition is filed by the petitioner seeking

writ of mandamus by way of direction to the respondents

not to insist upon the petitioner to obtain license for

playing skill games, indoor games like chess, carom,

snooker, Volleyball, rummy etc., and further direction to

the respondents not to interfere in the day-to-day affairs

of the petitioner club.

4. The petitioner is a social club under the name of

United Social and Sports Club, registered under the

Karnataka Societies Registration Act, 1960 vide

registration No.DRBG/SOR/1/2025-2026 dated

03.04.2025. Petitioner is running several sports activities

for adults, children and other members of the Club to train

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the members exclusively for sports. It is the grievance of

the petitioner that the respondents started interfering with

the affairs of the petitioner and orally asking the petitioner

to stop the activities. Whereas, the respondents have

given ultimatum and warning to close down the Club

otherwise they would lock the premises for not obtaining

license. Therefore, the petitioner is before this Court due

to high handedness and arbitrary manner of the

respondents in trying to coerce the petitioner not to run

the sports activities in its Club.

5. Learned AGA for the respondents contends that,

no such coercion or force has been made to the petitioner

Club to obtain license and sign any documents nor

interfered with the activities of the petitioner Club. He

further contends that the respondents being the

jurisdictional Police authorities are visiting to monitor

whether any illegal or unlawful activities are being

conducted in the petitioner's Club. Apart from that there is

no intention of the respondents either in coercing the

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petitioner from obtaining the license to those activities,

which are not required to be obtained by law, or in any

other manner whatsoever. Hence, he contends that this

petition is premature as no such order has been issued or

given to the petitioner to obtain license or to shut down

the premises run by the petitioner.

6. Learned counsel for the petitioner relies on the

judgment of this Court in the case of Blue Line Video

Games Associates, Bangalore Vs. State of Karnataka

and others1.

7. Admittedly, petitioner Club is registered under

the Karnataka Societies Registration Act, 1960. Having

registered under the Societies Registration Act in

accordance with law, has been running certain activities in

imparting sports activities to its members, entry is

restricted to non-members of the Club. The members of

the Club are involved in playing games as stated above.

(2013) 2 KLJ 177

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When the petitioner is not involved in conducting or

running any unlawful, illegal activities in the Club,

respondents No.2 to 6 cannot insist upon obtaining license

or permission for those games and sports activities for

which no license is required under law. Of course, it is

necessary for the petitioner to obtain license to run any of

the activities/sports for which any license is prescribed

under the law.

8. Learned counsel has also relied upon the

judgment of this Court in the case of Kings Social Club

Handigund Vs. State of Karnataka2, wherein this Court

in similarly situated circumstances has issued certain

guidelines to the writ petitioner therein. Admittedly, on

query, the petitioner's counsel submits that the entry is

restricted only to the members of the Club by way of issue

of identity cards and persons who are not members are

not permitted to enter. Therefore, the contention of the

petitioner that the respondents are insisting to obtain

W.P.NO.105936/2022 dated 16.12.2022

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necessary license to run the activities in the Club or would

have to close down the Club, is to be seen from the angle

of whether the petitioner is running illegal and unlawful

activities and if no such activities are being run by the

petitioner, petitioner is entitled to run the activities in the

Club without any interference as per law.

9. The guidelines issued in paragraph No.2 of the

above said order are as under:

"(i) The petitioner shall install 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 within a period of six weeks. The CC TV footage of at least prior 15 days' period shall be made available by the petitioner to the jurisdiction 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 concerned police, during the raid(s), 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 games 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.

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(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 jurisdiction police find that 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 member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities."

No order as to costs."

10. Accordingly, I deem it appropriate to dispose of

this writ petition with the above guidelines.

The petition stands allowed accordingly.

Sd/-

(PRADEEP SINGH YERUR) JUDGE

gab Ct:MCK