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2025 DAILYLAW 14328 (KAR)

GOLDEN RECREATION SPORTS ASSOCIATION v. THE STATE OF KARNATAKA

WP/1493/2025 · 2025-01-22

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:2600 WP No. 1493 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1493 OF 2025 (GM-POLICE) BETWEEN: GOLDEN RECREATION SPORTS ASSOCIATION, YAKASHETTYHALLI, KARAGADA POST, BELUR TALUK, HASSAN DISTRICT - 573 115. REPRESENTED BY ITS SECRETARY THEJESHWI B.T, S/O LATE THAMMANNAGOWDA, AGED ABOUT 43 YEARS, NARASINGARAO ROAD, BASAVANAHALLI, CHIKKAMAGALURU - 577 101. …PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPREENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA BANGALORE - 560 001. 2. THE SUPERINTENDENT OF POLICE, HASSAN DISTRICT, HASSAN - 573 201. 3. THE DEPUTY SUPERINTENDENT OF POLICE, HASSAN, HASSAN DISTRICT - 573 201. Digitally signed by MAMATHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2600 WP No. 1493 of 2025 4. THE CIRCLE INSPECTOR OF POLICE, BELUR CIRCLE, BELUR, HASSAN DISTRICT - 573 201. 5. THE SUB INSPECTOR OF POLICE, BELUR POLICE STATION, BELUR, HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS OR ORDER TO THE RESPONDENTS NOT INSIST THE PETITIONER TO OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES INCLUDING THE RUMMY IN THE PREMISES OF THE PETITIONER EITHER UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER OR UNDER THE KARNATAKA POLICE ACT AND NOT TO INTERFERENCE WITH THE RECREATIONAL AND OTHER LAWFUL ACTIVITIES CARRIED ON IN THE PETITIONER ANY MANNERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for all the respondents. - 3 - NC: 2025:KHC:2600 WP No. 1493 of 2025 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 petition 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. - 4 - NC: 2025:KHC:2600 WP No. 1493 of 2025 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 Kalaburagi in 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 - 5 - NC: 2025:KHC:2600 WP No. 1493 of 2025 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 S.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 information about any unlawful activity being carried on in the petitioner’s premises. - 6 - NC: 2025:KHC:2600 WP No. 1493 of 2025 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. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 9 CT: BHK