- 1 - HC-KAR NC: 2025:KHC-D:14100 WP No. 107636 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107636 OF 2025 (GM-POLICE) BETWEEN: KHUSHI RECREATION AND SPORTS CLUB INDI PUMP, OLD HUBBALLI, DIST: DHARWAD, REP BY ITS PRESIDENT MANJUNATH S/O. SHANKAR GABBUR AGE: 43 YEARS, OCC: BUSINESS, R/O: 66 AROODH NAGAR, ANAND NAGAR ROAD, OLD HUBBALLI, DHARWAD – 581 207. …PETITIONER (BY SRI. VINAYAKA R. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY ITS SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA, DR. B. R. AMBEDKAR VIDHI, BENGALURU – 560 001. 2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES AND OFFICER OF SOCIETIES REGISTRATION, 7TH CROSS, DHARWAD, TQ & DIST: DHARWAD 570007. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.10.18 12:17:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14100 WP No. 107636 of 2025 3. THE COMMISSIONER OF POLICE, HUBBALLI DHARWAD NAVANAGAR, TQ & DIST: DHARWAD – 580 028. 4. THE DEPUTY COMMISSIONER OF POLICE, HUBBALLI DHARWAD, NAVANAGAR, TQ AND DIST DHARWAD – 580 028. 5. THE ASSISTANT COMMISSIONER OF POLICE, HUBBALLI OLD COURT CIRCLE HUBBALLI, DIST: DHARWAD – 580 028. 6. THE CIRCLE POLICE INSPECTOR, GOKUL ROAD POLICE STATION, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 026. 7. THE POLICE SUB INSPECTOR, OLD HUBLI POLICE STATION, KASABHPETH HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 026. …RESPONDENTS (BY SRI. V.S.KALASURMAHT, AGA RESPONDENT/STAE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER DIRECTION/ORDERS DIRECTING THE RESPONDENTS 3 TO 7 NOT TO INSIST UPON THE PETITIONER’S ASSOCIATION TO OBTAIN A LICENSE FOR PLAYING SKILL GAMES LIKE CHESS, DART GAMES, RUMMY, CAROM, VIDEO GAMES, ELECTRONIC AMUSEMENT GAMES AND DICE GAMES EITHER UNDER THE PROVISIONS OF KARNATAKA POLICE ACT-1960 OR UNDER THE LICENSING AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT ORDER OR PREVENT THE PETITIONER ASSOCIATION TO CONDUCT ITS LEGAL ACTIVITIES AND ETC., THIS WRIT PETITION, COMING ON FOR PRTELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14100 WP No. 107636 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a Writ of Mandamus or any other direction/orders directing the Respondents 3 to 7 not to insist upon the petitioner’s association to obtain a license for playing skill games like chess, dart games, Rummy, carom, video games, electronic amusement games and dice games either under the provisions of Karnataka Police Act-1960 or under the Licensing and controlling of place of public amusement order or prevent the Petitioner Association to conduct its legal activities. B. Pass such other order as this Hon’ble court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 2. Heard Shri Vinayaka R.Bhat, learned counsel appearing for the petitioner and the learned HCGP Shri V.S. Kalasurmath appearing for the State. 3. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands - 4 - HC-KAR NC: 2025:KHC-D:14100 WP No. 107636 of 2025 answered by the Coordinate Bench of this Court in W.P. No.103496 of 2021, disposed on 23rd September 2021. The Coordinate Bench held as follows: “Petitioner is a society registered under the Karnataka Societies Registration Act. The petitioner’s recreation club is established to encourage the games like dart, chess, rummy, carom, video games, electronic amusement games, dice games. 2. Learned counsel for the petitioner submits that, the entry to the petitioner’s association is restricted only to its members and outsiders and other public are not allowed to enter or enjoy the benefits of the society as a matter of right or on payment. He further submits that, the respondent- police are now forcing the petitioner-recreational club to obtain licence to conduct the activities in the said club. Hence, this writ petition. 3. Learned counsel for the petitioner further submit that, the recreational activities that are carried out in the recreation club would not fall under Sections 6 & 7 of the Karnataka Police Act, 1963. Hence, they are not required to secure any license from the authorities. 4. Learned HCGP appearing for the respondents submits that the issue involved in this writ petition was examined by the Division Bench of this Court in W. A.No.728 /2020, disposed of on 18.01 .2021. 5. Hence, this writ petition also requires to be disposed of in the light of the order passed in W. A.No.728 /2020 on the following terms and conditions: - 5 - HC-KAR NC: 2025:KHC-D:14100 WP No. 107636 of 2025 (i) The petitioner shall install CC TV cameras at the places of access to its members and also at all the places, wherein game( s) is/are played by the members within a period of six weeks. The CC TV footage of at least 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 card( s) to all its member( s), which shall be produced by the member( s), when called upon by the concerned police, during the raid(s), 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 member(s), by indulging in acts of amusement, falling within the definition of Sections 2 (14) and 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, 1863. 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. (v) 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 jurisdictional police find the game( s) played is/ are contrary to any law and in - 6 - HC-KAR NC: 2025:KHC-D:14100 WP No. 107636 of 2025 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 member( s) of the petitioner is/ are found to have indulged in any unlawful or immoral activities. (ix) That while carrying out various recreational activities in the petitioner’s clubs, all precautions for preventing the spread of COVID-19 shall be taken, including social distancing, use of sanitizers and mask. 6. In view of the COVID-19 pandemic, the petitioner/recreation club may also prepare a standard operating procedure ( SOP) for the members of the club, the employees, guests and others whoever enters the petitioner club, to be followed. 7. In terms of the above, the writ petition is disposed of.” - 7 - HC-KAR NC: 2025:KHC-D:14100 WP No. 107636 of 2025 4. 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-ASC List No.: 1 Sl No.: 6