Karnataka High Court
Mahaganapati Mitra Mandali vs The State Of Karnataka on 18 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:15843
WP No. 107784 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107784 OF 2025 (GM-POLICE)
BETWEEN:
MAHAGANAPATI MITRA MANDALI,
KUMTA GOVARDHANA LODGE,
AND GOVARDHANA,
NEAR K.S.R.T.C BUS STAND
KUMTA 581343
R/BY ITS SECRETARY
GURURAJ NARAYANA NAIK,
AGE: 37 YEARS, OCC: BUSINESS,
R/O. H.NO. 459
KADLE, HOLANAGADDE, KUMTA,
DISTRICT UTTAR KANNADA-581351.
...PETITIONER
(BY SRI. SOURABH HEGDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY,
HOME DEPARTMENT,
Digitally signed by
RAKESH S VIDHAN SOUDHA,
HARIHAR BENGLAURU-560001.
Location: High
Court of
Karnataka,
Dharwad Bench, 2. SUPERINTENDENT OF POLICE,
Dharwad KARWAR DISTRICT (UTTAR KANNADA),
KARWAR-581301.
3. CIRCLE POLICE INSPECTOR,
KUMTA, DIST KARWAR-581343.
4. THE SUB INSPECTOR OF POLICE,
KUMTA POLICE STATION,
KUMTA DIST: KARWAR-581343.
...RESPONDENTS
(BY SRI.T. HANUMAREDDY, AGA)
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NC: 2025:KHC-D:15843
WP No. 107784 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO ENABLE THE PETITIONER TO CARRY-OUT THE
RECREATIONAL ACTIVITIES IN PURSUANCE OF ANNEXURE-A
DATED 18.02.2022 AND ANNEXURE-B DATED 11.02.2022.
B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
NO.2-4 NOT TO REMOVE THE CCTV CAMERAS ALONG WITH
DVRS INSTALLED IN THE PREMISES OF THE PETITIONER VIDE
ANENXURE-C.
C. ISSUE ANY ORDER AS THIS HONBLE COURT DEEMS
APPROPRIATE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking a direction by
issuance of a writ in the nature of mandamus directing the
respondent - Police to restrain from interfering with the activities
of the petitioner - Club.
2. Heard Sri. Sourabh Hegde, learned counsel for the
petitioner and Sri. T. Hanumareddy, learned AGA for the
respondents.
3. Learned counsel appearing for the petitioner submits
that the petitioner - Club has not undertaken any such illegal
activity for interference. He would also submit that the issue is
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covered by plethora of judgments rendered by this Court.
Though the petitioner - Club is abiding with the terms and
conditions as directed by this Court, the respondents - Police are
insisting to obtain license, which is contrary to law.
4. In the peculiar facts and circumstances of this case, I
deem it appropriate to refer to the order passed by the Co-
ordinate Bench of this Court in W.P. No.21211 of 2017, disposed
on 11th May 2017, wherein it 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 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
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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 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."
Learned HCGP is permitted to file his memo of
appearance in four weeks."
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5. In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court (supra)
on all its fours and on the same reasons, the subject petition also
stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
kmv
CT:ANB
