- 1 - NC: 2025:KHC-D:1826 WP No. 100640 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100640 OF 2025 (GM-POLICE) BETWEEN: SHREE ABHIMAN FRIENDS RECREATION CLUB (R) GANDHADA HITTALU, HONNAVAR, AT. BUILDING NO.679/D, GANDHADA ONI, TQ. HONAVAR, DIST. UTTARA KANNADA- 581334, REPRESENTED BY ITS PRESIDENT SRI RAMESH S/O. SRINIVAS RAIKAR, AGE. 55 YEARS, OCC. BUSINESS, R/O. PALYA ROAD, TQ. HONAVAR, DIST. UTTARA KANNADA -581334. …PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001. 2. THE SUPERINTENDENT OF POLICE, UTTARA KANNADA DISTRICT, KARWAR -581301. 3. THE DEPUTY SUPERINTENDANT OF POLICE, TOWN POLICE STATION, BHATKAL, UTTARA KANNADA Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1826 WP No. 100640 of 2025 DISTRICT -581320. 4. THE CIRCLE INSPECTOR OF POLICE, HONNAVAR POLICE STATION, HONAVAR, TQ. HONAVAR, UTTARA KANNADA DISTRICT -581334. 5. THE SUB-INSPECTOR OF POLICE, HONNAVAR POLICE STATION, HONAVAR, TQ. HONAVAR, UTTARA KANNADA DISTRICT -581334. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS HEREIN NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING SKILL GAMES LIKE CHESS, CAROM AND RUMMY ETC., MENTIONED IN THEIR BYE-LAWS IN THE PETITIONERS SCHEDULE PREMISE EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENTS ORDERS, 1970, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1826 WP No. 100640 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondents-Police to restrain from interfering with the activities of the petitioner-club. 2. Heard Sri Naveen Chatrad, learned counsel for the petitioner and Sri Sharad V.Magadum, learned AGA for the respondents. 3. Learned counsel appearing for the petitioner submits that the petitioner – Club and has not undertaken any such illegal activity for interference. He would also submit that the issue is covered by plethora of judgments rendered by this Court. Though the petitioner – Association is abiding with the terms and conditions as directed by this Court, the respondents - police are insisting to obtain license, which is contrary to law. - 4 - NC: 2025:KHC-D:1826 WP No. 100640 of 2025 4. In the peculiar facts and circumstances of this case, I deem it appropriate to refer to the order passed by the Co-ordinate Bench of this Court in W.P.No.12241/2018, disposed on 27.03.2018, wherein it has held as follows: "3. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15.10.2014 (The Media N Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions: (i) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of access to its members and also at all the places, wherein games are played by the members. The CC TV footage of atleast prior 15 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 cards to all its members, which shall be produced by the members, when called upon by the concerned police, during the raids, 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 members, by indulging in acts of amusement, falling within the definition of Sections 2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Sub-section (7) of Section 2 of the Act. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the game(s) played. - 5 - NC: 2025:KHC-D:1826 WP No. 100640 of 2025 (v) The petitioner shall put proper mechanism in place and shall ensure that no games are played in any unlawful manner by the members. 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. (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 members of the petitioner is/are found to have indulged in any unlawful or immoral activities. This writ petition is also disposed of in the aforesaid terms.” 5. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-GTB List No.: 1 Sl No.: 18