- 1 - HC-KAR NC: 2025:KHC:28362 WP No. 18318 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18318 OF 2025 (GM-KSR) BETWEEN: 1. THE GRAMEENA GELEYARA RECREATION KREEDE HAGU GRAMEENA SEVA KENDRA SITUATED AT SURYA LAYOUT, SHIVAGANGA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526, THE SOCIETY IS REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, REPRESENTED BY ITS SECRETARY, RAJAPPA T.C. S/O CHANDRAPPA, AGED ABOUT 53 YEARS, R/O THIRUMALAPURA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526 REG. NO.DRCT/SOR/304/2023-24. …PETITIONER (BY SRI. R SHASHIDHARA., ADVOCATE) AND: 1. THE DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, CHITRADURGA DISTRICT, CHITRADURGA-577 501. 2. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28362 WP No. 18318 of 2025 VIDHANA SOUDHA, BENGALURU-560 001. 3. THE INSPECTOR GENERAL OF POLICE, DAVANAGERE-577 001, EASTERN RANGE. 4. SUPERINTENDED OF POLICE CHITRADURGA-577 526. 5. THE DEPUTY SUPERINTEND OF POLICE, CHITRADURGA DIVISION, CHITRADURGA-577 526. 6. THE DEPUTY COMMISSIONER OF INVESTIGATION BEURO, CHITRADURGA DISTRICT-577 526. 7. THE CIRCLE INSPECTOR, HOLALKERE, CHITRADURGA DISTRICT-577 526. 8. THE INSPECTOR OF POLICE, HOLALKERE POLICE STATION, CHITRADURGA DISTRICT-577 526. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, QUASHING THE ORDER PASSED BY THE 1ST RESPONDENT IN NO.DRD/SA SAM/S.O.R 304/2023-24/202 DATED 31.05.2025 VIDE ANNEXURE-F, TO THIS WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:28362 WP No. 18318 of 2025 ORAL ORDER The petitioner has filed the present petition seeking for issuance of a writ of mandamus to direct the respondent no.1 to take on record the statutory filing as regards the documents referred to at Annexure-E series. 2. The petitioner is also aggrieved by the endorsement at Annexure-F dated 31.05.2025, whereby the statutory filing of accounts and list of office bearers in terms of Section 13 has been rejected stating that such filing would be taken on record only if the petitioner were to get authenticated communication in writing from the Police authorities that the petitioner has not involved themselves in any illegal activities including gambling etc. 3. Learned counsel for petitioner submits that any filing in terms of Section 13 of the Karnataka Societies Registration Act, 1960 does not contemplate Certificate from the jurisdictional police as has been sought at Annexure-F. 4. Learned Additional Government Advocate has filed a memo and placed reliance on the proceedings dated - 4 - HC-KAR NC: 2025:KHC:28362 WP No. 18318 of 2025 18.05.2024 of the Deputy Commissioner wherein it was resolved that the Clubs are required to adhere to the objectives and not indulge in any other activities and at the time of registration of Sports Club, Games and Recreation Clubs and Entertainment Centers, necessary declaration must be obtained from the said Clubs and Bodies that they would not involve in games of chance and that such declaration from the Recreation Centers ought to be obtained even while making yearly filings. 5. It must be noticed that insofar as filing under Section 13 of the Karnataka Societies Registration Act, 1960, requirement as made out by the learned Additional Government Advocate by reliance on proceedings dated 18.05.2024 is absent. It is impermissible for the State to impose condition which are not otherwise found in the statute. Filing of documents as envisaged under Section 13, cannot be refused/ rejected on any other ground other than Section 13 of the Karnataka Societies Registration Act, 1960. 6. Accordingly, the communication at Annexure-F dated 31.05.2025 is set aside. The respondent no.1 is to take on record the filing of the petitioner referred to Annexure-F - 5 - HC-KAR NC: 2025:KHC:28362 WP No. 18318 of 2025 without imposing any restriction as there is compliance with the requirement under Section 13 of the Act. 7. Needless to state, in the event of any misuse of the objectives or if the petitioner indulges in any illegal activities or if the police do find any criminal offence being committed or action of the petitioner which is not in accordance with law, it is open for the respondents or the police authorities to take action as is permissible in law. Respondent police are at liberty to take action if activities of the petitioner reveal permitting game of chance by the members. Consequently, the respondents to take on record and issue appropriate acknowledgement for filings as may be made in light of the observations made. Sd/- (S SUNIL DUTT YADAV) JUDGE NP