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Karnataka High Court
The Malnad Club (R) vs The Deputy Commissioner And on 5 May, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2026:KHC:24616
WP No. 14657 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 14657 OF 2026 (GM-POLICE)
BETWEEN:
1. THE MALNAD CLUB (R)
(A SOCIETY REGISTERED UNDER THE
PROVISIONS OF SOCIETIES REGISTRATION
ACT, 1960)BALEBYLU TIRTHAHALLI
SHIMOGA DIST-577432.
REPRESENTED BY ITS SECRETARY
SR. RAGHAVENDRA
...PETITIONER
(BY SRI. SANDEEP R, ADV. FOR
SRI. RAMESH N K, ADVOCATE)
AND:
Digitally
signed by 1. THE DEPUTY COMMISSIONER AND
NANDINI M
S SHIVAMOGGA DIST.
Location: SHIVAMOGGA-577201
HIGH
COURT OF
KARNATAKA 2. THE SUPERINDENT OF POLICE
SHIVAMOGGA DIST.
SHIVAMOGGA- 577201
3. THE ASSISTANT COMMISSIONER
OF POLICE, TIRTHAHALLI
SUB-DIVISION
TIRTHAHALLI -577432.
-2-
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WP No. 14657 of 2026
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4. THE INSPECTOR OF POLICE
TIRTHAHALLI,
TIRTHAHALLI-577432
5. THE SUB- INSPECTOR OF POLICE
TIRTHAHALLI POLICE STATION
TIRTHAHALLI-577432
...RESPONDENTS
(BY SRI. MAHANTHESH SHETTAR, AGA)
THIS WP IS FILED UNDER ARTILE 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO I) THE
RESPONDENTS BE DIRECTED NOT TO INTERFERE WITH
THE LEGITIMATE ACTIVITIES OF THE PETITIONER IN ANY
MANNER WHAT SO EVER AND ETC.
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
The petitioner is before this Court seeking the
following prayer:
I. The respondents be directed not to interfere
with the legitimate activities of the petitioner in
any manner whatsoever
II. Declare that the petitioner is not required to
obtain a license from the respondents to carry
on its lawful activities
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III. Grant such other incidental relief's which
this Hon'ble Court may deem fit grant, in the
circumstances of the case
IV. Allow this writ petition with costs
2. The issue need not detain this Court for long or
delve deep into the matter.
3. Plethora of cases have been disposed, one of which
is Writ Petition No.3775/2024. The same reads as follows:
"Heard Sri. N. Kumar, learned counsel
appearing for the petitioner and Sri. Manjunath
K., the learned HCGP appearing for the
respondents.
2. The petitioner is before this Court, seeking
for the following prayers:
"i. Issue a writ in the nature of mandamus,
directing the respondents not to insist the
petitioner to obtain license under Karnataka
Police Act or under Licensing and Controlling of
Places of Public Amusement for playing of skill
games like chess, snooker, Carom, Electronic
coin games, Pentastic-3, Three Dies Bowling, (is
newly known as skilled electronic game) poker,
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wall game, six colour games, rummy etc., in the
premises of the petitioner Association.
ii. Issue a writ in the nature of Mandamus
directing the respondents not to interfere with
the activities of the petitioner - Association for
the recreation of its members by playing the
skilled games like chess, Dart Game, snooker,
carom, electronic coin games, video games,
poker, wall game, rummy, etc. in the premises
of the petitioner - Association.
iii. Pass such any other orders or directions, as
this Hon'ble Court deems fit in the facts and
circumstances of the case, in the interest 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 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
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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 CCTV 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
nonmember(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.
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(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 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.
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(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
supra and the facts being undisputed, the petition
stands disposed on the same terms."
4. In the light of the issue standing covered by the
judgment rendered by the Co-ordinate Bench (supra),
petition stands disposed on the same terms.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
SSD
List No.: 1 Sl No.: 29
