Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22656 WP No. 18443 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18443 OF 2025 (GM-POLICE) BETWEEN:
1.
THE NEW TOWN CLUB YELAHANKA CA-22/D, 1ST A MAIN RD YELAHANKA SATELLITE TOWN YELAHANKA NEW TOWN BENGALURU, KARNATAKA 560 064 A REGISTERED CLUB UNDER THE SOCIETY'S REGISTRATION ACTD REPRESENTED BY ITS SECRETARY. …PETITIONER (BY SRI. ASHWIN KUMAR H., ADVOCATE)
AND:
1.
STATE OF KARNATAKA MINISTRY OF HOME DEPARTMENT REPRESENTED BY ITS SECRETARY AMBEDKAR VIDHI, VIDHANASOUDA BENGALURU-560 001.
2.
INSPECTOR GENERAL OF POLICE NRUPATUNGA ROAD BANGALORE-560 001.
3.
THE COMMISSIONER OF POLICE INFRANTRY ROAD BANGALORE-560 001.
4.
THE ASSISTANT COMMISSIONER OF POLICE YELAHANKA SUBDIVISION YELAHANKA 560 064.
Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22656 WP No. 18443 of 2025
5.
THE STATION HOUSE OFFICER YELAHANKA NEW TOWN P.S YELAHANKA BANGALORE-560 064. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS AGAINST THE RESPONDENTS BY DECLARING THAT THE PETITIONER IS NOT REQUIRED TO OBTAIN ANY PERMISSION OR LICENSE UNDER THE PROVISION OF LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER AS PER ORDER PASSED BY THIS HON'BLE COURT IN W.P NO.3909/2013 AND W.P NO. 27530/2013 VIDE ANNEXURE D AND E.
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
Petitioner has sought for issuance of writ in the nature of mandamus declaring that the petitioner is not required to obtain any permission or license under the provisions of the Licensing and Controlling of Places of the Public Amusement Order as per the orders at Annexures-D and E. Petitioner has also sought for a direction to the respondent not to interfere with the lawful functioning of the petitioner - Club.
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HC-KAR NC: 2025:KHC:22656 WP No. 18443 of 2025
2. Insofar as the relief of protection, that is sought, it is a settled position in law that once the activities of Members of petitioner - Club are being carried on lawfully, the question of respondent Police interfering would not arise unless the activities contravene any provisions 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.
3. Noticed the observations made in W.P.No.18625/2005 wherein it is held that license either under the Police Act or under the Licensing and Controlling of Places of the Public Amusement Order is not required to run the Society or recreational club.
4. Accordingly, observing that the respondents not to interfere with the affairs of the Petitioner except as is
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HC-KAR NC: 2025:KHC:22656 WP No. 18443 of 2025
permissible in law, the petition is disposed off. It is also made clear that in the event the petitioner is carrying on any game of chance, respondents - Authorities to enquire into the matter and petitioner to co-operate with the same.
Sd/- (S SUNIL DUTT YADAV) JUDGE
VP