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2025 DAILYLAW 10599 (KAR)

SAMARAT RECREATION SPORTS ASSOCATION BALAGANUR v. THE STATE OF KARNATAKA

WP/201139/2025 · 2025-05-08

Ashok S Kinagi

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2631 WP No. 201139 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.201139/2025(GM-POLICE) BETWEEN: SAMRAT RECREATION SPORTS ASSOCIATION BALAGANUR, TQ. MASKI DIST. RAICHUR-584138 REPRESENTED BY ITS PRESIDENT SRI SURESH M/O ADIVEMMA AGED ABOUT 53 YEARS, OCC: BUSINESS, R/O BALAGANUR VILLAGE, TQ. MASKI DIST. RAICHUR-584138. …PETITIONER (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2631 WP No. 201139 of 2025 2. THE SUPERINTENDENT OF POLICE, RAICHUR DISTRICT RAICHUR-584101 3. THE CIRCLE INSPECTOR OF POLICE, SINDHANUR CIRCLE, MASKI, TQ. MASKI DIST. RAICHUR-584128. 4. THE SUB-INSPECTOR OF POLICE, BALAGANUR TQ. MASKI DIST. RAICHUR-584138. …RESPONDENTS (BY SMT. MAYA T. R., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION DECLARING THAT THE PETITIONER’S RECREATION CLUB IS NOT REQUIRED TO OBTAIN ANY PERMISSION OR LICENSE UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDERS OR UNDER THE PROVISIONS OF KARNATAKA POLICE ACT, TO PLAY INDOOR GAMES SUCH AS RUMMY (CARD GAME), CHESS, CAROM, BILLIARDS/SNOOKER, SKILLED GAME AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ALL ITS MEMBERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2631 WP No. 201139 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. The learned High Court Government Pleader accepts notice for the respondents. 2. The issue involved in this writ petition is covered by the order passed by the Coordinate Bench of this Court in W.P.No.203278/2024 disposed of on 25.11.2024. Accordingly, both the learned counsels for the parties submit that the writ petition may be disposed of in terms of the order passed in the aforesaid writ petition. 3. Accordingly, the writ petition is disposed of in the light of the order passed in W.P.No.203278/2024 on the following terms and conditions: (i) The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, where in game(s) is / are played by the members within a period of six weeks. The CCTV footage of at least prior 15 - 4 - NC: 2025:KHC-K:2631 WP No. 201139 of 2025 days period shall be made available by the petitioner to the jurisdictional 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 concerned police, during the raid(s), 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 Sections 2(14) and 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, 1863. The member(s) - 5 - NC: 2025:KHC-K:2631 WP No. 201139 of 2025 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 jurisdictional police find the game(s) played is / are contrary to any law and in violation of the settled practice, it is open to them to take action against the 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’s Club/Association. - 6 - NC: 2025:KHC-K:2631 WP No. 201139 of 2025 (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 is/are found to have indulged in any unlawful or immoral activities. Sd/- (ASHOK S. KINAGI) JUDGE SBS,SMP List No.: 1 Sl No.: 4 CT:SI