Karnataka High Court
Sri. Balaji Recreation Kreede Mattu ... vs The State Of Karnataka on 2 May, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:17988
WP No. 11158 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 11158 OF 2025 (GM-POLICE)
BETWEEN:
SRI. BALAJI RECREATION KREEDE MATTU
MANORANJANA SANGHA,
SY. NO.31, NARASEEPURA GRAMA,
(DONNEKORANAHALLI VILLAGE),
CHIKKABALLEKERE POST, YAGATI HOBLI,
KADUR TALUK, KADUR,
CHIKKAMAGALUR - 577 140.
REP. BY ITS PRESIDENT,
SRI. KUMAR D.T
REG. NO. DRCM/SOR/182/2024-25
(KARNATAKA SOCIETIES REGISTRATION ACT, 1960)
...PETITIONER
Digitally signed
by NAGAVENI (BY SRI. M.R.C MANOHAR, ADVOCATE)
Location: High
Court of
Karnataka
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY HOME DEPARTMENT,
VIDHANA SOUDHA, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
CHIKKAMAGALURU DISTRICT,
CHIKKAMAGALURU - 577 101.
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WP No. 11158 of 2025
3. THE SUPERINTENDENT OF POLICE,
CHIKKAMAGALURU DISTRICT,
CHIKKAMAGALURU - 577 101.
4. THE INSPECTOR OF POLICE,
BIRUR POLICE STATION, BIRUR,
CHIKKAMAGALURU - 577 116.
5. THE SUB-INSPECTOR OF POLICE,
YAGATI, KADUR TALUK,
CHIKKAMAGALURU - 577 140.
6. THE TALUK PANCHAYATI DEVELOPMENT OFFICER,
KADUR TALUK, KADUR,
CHIKKAMAGALURU - 577 548.
7. THE GRAM PANCHAYATI,
PURA VILLAGE, KADUR TALUK,
CHIKKAMAGALURU - 577 111.
...RESPONDENTS
(BY SRI. RAHUL CARIAPPA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT/AUTHORITIES TO REFRAIN FROM INTERFERING
WITH THE DAY TO DAY ACTIVITIES OF THE PETITIONER CLUB
AND FROM CAUSING DISTURBANCE AND OBSTRUCTION FROM
THE SMOOTH RUNNING OF THE CLUB AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 11158 of 2025
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court, seeking for the
following prayer:
"i) Issue a Writ of Mandamus or such other
appropriate Writ or Order directing the
Respondents/authorities to refrain from,
interfering with the day to day activities of the
Petitioner Club & from causing disturbance &
obstruction from the smooth running of the Club.
ii) Issue a Writ of Mandamus or such other
appropriate Writ or Order directing the
Respondents/authorities to refrain from,
interfering with the play of Game of Skill, such as
Carrom, Chess, Table-Tennis, Snooker, Billiards,
Card games, Rummy.
iii) Pass such other Writ/s or Order/s, which are
deemed to be fit in the nature and circumstances
of the case, in the interest of justice and equity."
2. Heard Shri M.R.C Manohar, learned counsel appearing
for the petitioner and Shri Rahul Cariyappa, learned Additional
Government Advocate appearing for the respodnents.
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
S.L.N RECREATION KRIDE MATTU MANORANJANA
NC: 2025:KHC:17988
SANGHA (R) Vs. THE STATE OF KARNATAKA & Others1,
the Co-ordinate Bench has held as follows:
"Learned Additional Government Advocate takes
notice for respondents No.1 to 6. Notice to respondent
No.7 is not necessary for the following reasons.
2. Heard the learned counsel for the petitioner and
learned Additional Government Advocate.
3. The petitioner is before this Court praying for
issuance of a writ of mandamus thereby directing the
respondents not to insist upon the petitioner to obtain
license for the recreation activities conducted by the
petitioner in the schedule premises either under the
Karnataka Police Act, 1963 or under the Licensing and
Controlling of the Places of Public Amusement Order,
1970.
4. Learned counsel for the petitioner would submit
that, this Court in similar matters has been pleased to
dispose of the writ petitions granting the relief.
5. Learned Additional Government Advocate would
submit that the writ petition could be disposed of in
terms of the order passed by this Court on 28.11.2018
while disposing of W.P.No.50923/2018.
6. The submission of the learned Additional
Government Advocate is placed on record. If any illegal
or unlawful activities are conducted or permitted in the
petitioner's premises, it is always open for the
respondents to initiate such action as permitted under
law.
7. The learned counsel for the petitioner has
brought to the notice of this Court a judgment passed by
the Division Bench of this Court at Kalaburgi, in
W.P.No.9359/2023 disposed on 15.09.2023
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W.A.No.20090/2015 in the case of D.V.R. Recreation
Club Vs State of Karnataka, disposed of on 27.06.2016
and further order issued on a review petition in the same
matter on 19.10.2016. In view of the subsequent
directions issued by the Hon'ble Division Bench, the
present writ petition is disposed of with the following
directions:
a. 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 game/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.
b. 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 surveillance etc.
c. 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, except games of skills.
d. 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 any of the game/s played is/are contrary to any law
and in violation of the settled practice, it is open for
them to take action against petitioner and the offenders,
in accordance with law.
e. The jurisdictional police shall have liberty to
visit premises periodically and/or on receipt of any
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information about any unlawful activity being carried on
in the petitioner's premises.
f. The respondents are directed not to interfere
with the lawful recreational activities carried on by the
members of the petitioner - Club/Association.
g. 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.
Ordered accordingly."
In the light of the issue standing covered by judgment
rendered by the Co-ordinate Bench and the facts being
undisputed, the petition stands disposed on the same terms.
Sd/-
(M.NAGAPRASANNA)
JUDGE
JY
CT: BHK
