Vaishnavi Social Club Ramdurg R/By Its ... vs The State Of Karnataka
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Karnataka High Court

Vaishnavi Social Club Ramdurg R/By Its ... vs The State Of Karnataka on 17 June, 2025

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

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                                                           NC: 2025:KHC-D:7744
                                                       WP No. 103736 of 2025


                  HC-KAR



                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                            DATED THIS THE 17TH DAY OF JUNE 2025
                                              BEFORE
                        THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                        WRIT PETITION NO. 103736 OF 2025 (GM-POLICE)


                 BETWEEN:

                 VAISHNAVI SOCIAL CLUB RAMDURG,
                 R/BY ITS PRESIDENT,
                 LAKSHMAN S/O. MAHADEVAPPA KAMANNAVAR,
                 AGE: 35 YEARS, OCC: BUSINESS,
                 R/O. GODACHI ROAD, KATKOL,
                 TQ: RAMDURG, DIST: BELAGAVI-591114.
                                                                  ...PETITIONER
                 (BY SRI. VENKATESH M. KHARVI, ADVOCATE)

                 AND:

                 1.   THE STATE OF KARNATAKA,
                      R/BY ITS SECRETARY,
                      HOME DEPARTMENT, VIDHAN SOUDHA,
                      BENGALURU-01.

                 2.   SUPERINTENDENT OF POLICE,
VIJAYALAKSHMI
M KANKUPPI
                      BELAGAVI DISTRICT, BELAGAVI.

Location: HIGH   3.   CIRCLE POLICE INSPECTOR,
COURT OF
KARNATAKA             RAMDURG TALUK, DIST: BELAGAVI.
DHARWAD
BENCH

                 4.   POLICE INSPECTOR, RAMDURG,
                      TQ: RAMDURG, DIST: BELAGAVI.
                                                                ...RESPONDENTS
                 (BY SRI. S.V. MAGADM, AGA)

                       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR
                 DIRECTION OR WRIT IN THE NATURE OF WRIT OF MANDAMUS
                 DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE
                 PETITIONER TO OBTAIN THE LICENSE TO THE PLAY OF CAROM,
                 CHESS, RUMMY AND ETC IN ITS PREMISES.
                              -2-
                                          NC: 2025:KHC-D:7744
                                      WP No. 103736 of 2025


HC-KAR



      THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

                        ORAL ORDER

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

Heard the learned counsel for the petitioner and

learned AGA representing the respondents.

2. 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, carrom,

rummy etc., and further direction to the respondents not

to interfere in the day-to-day affairs of the petitioner club.

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

Sri. Nandi Social Club, registered under the Karnataka

Societies Registration Act, 1960 vide registration

No.DRBG/SOR/10740/2017-2018 dated 23.12.2017.

Petitioner is running several sports activities to adults,

children and other members of the Club to train the

members exclusively for sports. It is the grievance of the

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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.

4. 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 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 petitioner from

obtaining the license to those activities, which are not

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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.

5. 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 others reported in (2013) 2 KLJ 177.

6. 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.

When the petitioner is not involved in conducting or

running any unlawful, illegal activities in the Club,

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respondents No.2 to 4 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.

7. Learned counsel has also relied upon the

judgment of this Court in the case of Kings Social Club

Handigund Vs. State of Karnataka, in

W.P.NO.105936/2022 dated 16.12.2022, 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 necessary license to run the activities

in the Club or would have to close down the Club, is to be

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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.

8. 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 atleast 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.

(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.

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(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."

9. 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

Kmv CT-MCK