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2025 DAILYLAW 25115 (KAR)

KODAVA SAMAJA RECREATION AND SPORTS ASSOCIATION, v. STATE OF KARNATAKA

WP/15053/2025 · 2025-06-25

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22252 WP No. 15053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15053 OF 2025 (GM-POLICE) BETWEEN: 1. KODAVA SAMAJA RECREATION AND SPORTS ASSOCIATION, BENGUNADU CHERAMBANE POST MADIKERI TALUK, KODAGU DISTRICT REPRESENTED BY ITS PRESIDENT P.C. KUSHALAPPA PETITIONER IS REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960. …PETITIONER (BY SMT. VINITHA P.C., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS M.S. BUILDING, DR. B.R. AMBEDKAR ROAD BANGALORE-560 001 BY ITS SECRETARY. 2. THE SUPERINTENDENT OF POLICE KODAGU DISTRICT MADIKERI, KODAGU-571 201 REP. BY AGA HIGH COURT OF KARNATAKA. 3. THE STATION HOUSE OFFICER BHAGAMANDALA POLICE STATION MADIKERI TALUK KODAGU DISTRICT-571 201. …RESPONDENTS (BY SRI. K P YASHODHA., AGA) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22252 WP No. 15053 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NOT TO INTERFERE WITH THE SPORTS AND CULTURAL ACTIVITIES OF THE PETITIONER AND PERMIT THE PETITIONER TO RUN THE RECREATION CENTER LIKE EARLIER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner has sought for issuance of writ mandamus to direct the respondents not to interfere with the sports and cultural activities of the petitioner and direct the respondent no.1 to give 'No Objection Certificate' to the petitioner Club for renewal of license. 3. It is noticed that the facts made out and grounds urged require a direction to be passed as in the order in W.P.No.15303/2025. 4. The order in W.P.15303/2025 reads as follows: - 3 - HC-KAR NC: 2025:KHC:22252 WP No. 15053 of 2025 "The petitioner has sought for issuance of writ of mandamus to respondent Nos.1 to 5 to consider the representation at Annexure-'C' dated 15.04.2025. By virtue of the representation at Annexure-'C', the petitioner states that they are Society registered and carrying on lawful business by conducting recreational activities in game of skill. It is further submitted that the Office of the respondent Deputy Commissioner have been harassing the Members of the petitioner Association. 2. It is further asserted that they have been carrying on lawful business by obtaining lawful licence. Accordingly, it is submitted that the representation of petitioner may be considered by the respondents. 3. It is settled position in law that once the activities of Members of petitioner Association are being carried on lawfully, the question of respondent Police interfering would not arise unless the activities contravene any provision of law. Needless to state that, it is always open to the respondent Authorities to exercise the powers vested in them, if they have information regarding commission of offence or violation of law. Such action of the respondent Police cannot be considered to be interference. - 4 - HC-KAR NC: 2025:KHC:22252 WP No. 15053 of 2025 Accordingly, observing that the respondents not to interfere with the affairs of the Petitioner except as is permissible in law, the petition is disposed off." 5. In light of the observations made in W.P.No.15303/2025 as extracted above, respondents not to interfere with the affairs of the Petitioner - Club except as is permissible in law. Insofar as the 2nd prayer is concerned, respondent No.1 to renew the license of the petitioner - Club, if the same is in order without insisting for NOC. 6. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP