Citation : 2026 Latest Caselaw 2633 Kant
Judgement Date : 25 March, 2026
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NC: 2026:KHC-K:2658
WP No. 203350 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 203350 OF 2024 (GM-POLICE)
BETWEEN:
GRAMEEN VIKAS KENDRA
REPRESENTED BY ITS PRESIDENT
SHRISHAIL S/O BHEEMANAGOUDA PATIL,
AGE : 52 YEARS, OCC :BUSINESS,
R/O NIDONI,
TQ. & DIST. : VIJAYAPURA-586101.
...PETITIONER
(BY SMT.SWATI M.N., ADVOCATE)
AND:
Digitally signed
by SACHIN 1. THE STATE OF KARNATAKA,
Location: HIGH REPRESENTED BY ITS SECRETARY,
COURT OF
KARNATAKA HOME DEPARTMENT,
DR. B.R. AMBEDKAR VEEDHI,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. SUPERINTENDENT OF POLICE,
VIJAYAPURA DISTRICT,
VIJAYAPURA-586101.
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HC-KAR
3. CIRCLE INSPECTOR OF POLICE,
GOLGUMBAZ POLICE CIRCLE,
VIJAYAPURA, DIST. VIJAYAPURA-586101.
4. STATION HOUSE OFFICER,
JALA NAGAR POLICE STATION,
VIJAYAPURA-586101.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO ISSUE A) A
WRIT IN THE FORM OF MANDAMUS DIRECTING THE
RESPONDENT POLICE RESTRAINING THE FROM ILLEGALLY
INTERFERING IN THE LAWFUL DAY TO DAY ACTIVITIES OF
RECREATION CLUB RUN BY THE PETITIONER ASSOCIATION; B)
ISSUE SUCH OTHER WRIT OR ORDER OR DIRECTIONS AS
DEEMED FIT IN CIRCUMSTANCES OF THE CASE INCLUDING AN
ORDER FOR COSTS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioner is before this Court in this writ petition filed
under Article 226 and 227 of the Constitution of India
seeking the following reliefs:
a) A writ in the form of mandamus directing the respondent police restraining the from illegally interfering in the lawful day to day activities of recreation club run by the petitioner association;
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b) Issue such other writ or order or directions as deemed fit in circumstances of the case including an order for costs.
2. Heard the learned counsel for the petitioner and
learned Additional Government Advocate for respondents.
3. The question that arises for consideration in this
writ petition is covered by the order passed by this Court
in W.P.No.201208/2026 dated 11.03.2026. Considering
the orders passed in the aforesaid writ petition, this writ
petition is also disposed of with the following terms and
conditions :
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.
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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 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 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 Subsection (7) of
Section 2 of Karnataka Police Act, 1963. The
member(s) of petitioner shall not be allowed
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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
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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
taking action in accordance with law, if the
member(s) of the petitioner are found to
have indulged in any unlawful or immoral
activities.
Writ petition is disposed of accordingly.
No order as to costs.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
sn List No.: 1 Sl No.: 5
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