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2025 DAILYLAW 27693 (KAR)

THE JNAPANAM RECREATION v. THE STATE OF KARNATAKA

WP/16288/2025 · 2025-06-24

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21948 WP No. 16288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16288 OF 2025 (GM-POLICE) BETWEEN: THE JNAPANAM RECREATION NO.04, 1ST FLOOR, LOHITH CAUVERY, 7TH MAIN, 23RD CROSS, OPP. SMARAN VAIBHAV APARTMENT, AMARAJYOTHI LAYOUT, V IJAYANAGARA, BENGALURU-560 040, REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, PRESENTLY WORKING AT NO.7/2, GUNDRI KAVAL RESERVE, HOSADURGA ROAD, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526. REP. BY ITS PRESIDENT MAMATHA W/O JAYASIMHA KATROTH, AGED ABOUT 34 YEARS, LOKESHAPPA BADAVANE, HOLALKERE TOWN-577 526, CHITRADURGA DISTRICT. …PETITIONER (BY SRI. R SHASHIDHARA.,ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21948 WP No. 16288 of 2025 AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANASOUDHA, BENGALURU-560 001. 2. THE INSPECTOR GENERAL OF POLICE, DAVANAGERE-577 001, EASTERN RANGE. 3. SUPERINTENDED OF POLICE CHITRADURGA-577 526. 4. THE DEPUTY SUPERINTEND OF POLICE, CHITRADURGA DIVISION, CHITRADURGA-577 526. 5. THE DEPUTY COMMISSIONER OF INVESTIGATION BEURO, CHITRADURGA DISTRICT-577 526. 6. THE CIRCLE INSPECTOR, HOLALKERE, CHITRADURGA DISTRICT-577 526. 7. THE INSPECTOR OF POLICE, HOLALKERE POLICE STATION, CHITRADURGA DISTRICT-577 526. …RESPONDENTS (BY SMT. K.P. YASHODHA AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO DIRECTIONS OR ORDER TO THE - 3 - HC-KAR NC: 2025:KHC:21948 WP No. 16288 of 2025 RESPONDENTS NOT INSIST THE PETITIONER TO OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES LIKE FOR PLAYING SKILL GAMES, CHESS, SNOOKER, CAROM, ELECTRIC COIN GAMES, FANTASTIC-III, 3 DIES BOWLING, POKER, WALL GAME, SIX COLOR GAMES, RUMMY ETC IN THE PREMISES OF THE PETITIONER SOCIETY 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 SOCIETY IN ANY MANNERS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 respondents No.2 to 7 - Police not to interfere in the activities of the Recreation Club. - 4 - HC-KAR NC: 2025:KHC:21948 WP No. 16288 of 2025 3. It is noticed that the facts made out and grounds urged required a direction to be passed as in the order in W.P.15303/2025. 4. The order in W.P.15303/2025 reads as follows: "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 - 5 - HC-KAR NC: 2025:KHC:21948 WP No. 16288 of 2025 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. 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. Accordingly, the present petition is disposed off in light of the observations made in Para No.3 in Writ Petition No.15303 of 2025 as extracted above. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA/SHS List No.: 1 Sl No.: 22