Karnataka High Court
J P Nagar Sports Club vs State Of Karnataka on 3 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:9014
WP No. 24972 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 24972 OF 2024 (GM-POLICE)
BETWEEN:
J.P. NAGAR SPORTS CLUB
NO.CA3, 'E' BLOCK, J.P. NAGAR
MYSORE - 570 031
REGISTERED UNDER KARNATAKA
SOCIETIES REGISTRATION ACT, 1960
REP. BY ITS SECRETARY
SRI S SURESH
S/O B SIDDEGOWDA
AGED ABOUT 37 YEARS
RA/T NO. 795/C-C2,
4TH MAIN, 26TH CROSS
VIDYARANYAPURAM
MYSORE - 570 008
...PETITIONER
(BY SRI. MANJUNATH S HALAWAR, ADVOCATE)
Digitally signed
by NAGAVENI
Location: High AND:
Court of
Karnataka 1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF HOME
VIDHANASOUDHA
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001
2. THE COMMISSIONER OF POLICE
MIRZA ROAD
NEAR GANDHIVANA PARK
NAZARBAD
MYSURU - 570 010
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WP No. 24972 of 2024
3. THE DEPUTY COMMISSIONER OF POLICE
MIRZA ROAD
NAZARBAD
MYSURU - 570 010
4. THE ASSISTANT COMMISSIONEROF POLICE
KRISHNARAJA DIVISION
GOPALASWAMY SHISHUVIHAR ROAD
LASKHMIPURAM
MYSURU - 570 004
5. THE INSPECTOR OF POLICE
VIDHYARANYAPURAM POLICE STATION
GOBLIMARA CIRCLE
C BLOCK, J P NAGAR
VIDYARANYAPURAM
MYSURU - 570 008
6. CITY CRIME BRANCH
VIDHYARANYAPURAM POLICE STATION
JURISDICTIONAL, GOBLIMARA CIRCLE
C BLOCK, J P NAGAR
VIDYARANYAPURAM
MYSURU - 570 008
...RESPONDENTS
(BY SRI. SHAMANTH HEGDE, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO 6 NOT
TO INTERFERE/FORCE/HARASSESS THE PETITIONER TO OBTAIN
LICENSE TO CARRY ON SPORTS AND GAMING ACTIVITIES IN THE
PREMISES OF THE PETITIONER CLUB EITHER UNDER KARNATAKA
POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND
CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 24972 of 2024
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Manjunath S. Halawar, learned counsel
appearing for the petitioner and Sri. Shamanth Hegde, the
learned High Court Government Pleader appearing for the
respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
"(a) ISSUE a writ order or direction in the nature of
Mandamus, directing respondent no.1 to 6 not to
interfere/force/harasses the petitioner to obtain
license to carry on sports and gaming activities in
the premises of the petitioner club either under
Karnataka police Act or under the provisions of
Licensing and controlling of places of Public
Amusement order and
(b direct the respondents not to not to interfere in
playing of any skill oriented games like Rummy,
Chess, Carrom and other skilled games which are
the games of skill as held by this Hon'ble court in
various Writ petitions.
(c) PASS such other order/orders as this Hon'ble Court
deems fit, in the facts and circumstances of the
case, in the interests of justice and equity."
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by the Co-ordinate Bench in the case of
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M/S NAVARANG ASSOCIATION Vs. THE STATE OF
KARNATAKA1, the Co-ordinate Bench has held as follows:
"Learned Government Advocate to accept notice
for respondents No.1 to 7 and file memo of appearance
in four weeks.
2. The petitioner is before this Court seeking for issue
of mandamus or any other appropriate writ in the
manner as has been sought in the petition. 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 (between 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 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 at least 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
W.P.No.38068/2015 disposed on 09.09.2015
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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 is 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 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."
This writ petition is also disposed of in the
aforesaid terms."
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench and the facts
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being undisputed, the petition stands disposed on the same
terms.
Sd/-
______________________
JUSTICE M.NAGAPRASANNA
KG
