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2025 DAILYLAW 48126 (KAR)

FRIENDS RECREATION ASSOCIATION v. THE STATE OF KARNATAKA

WP/103229/2025 · 2025-05-20

Ravi V Hosmani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7212 WP No. 103229 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 103229 OF 2025 (GM-POLICE) BETWEEN: FRIENDS RECREATION ASSOCIATION HEAD OFFICE AT: KUNDAGOL, TQ. KUNDGOL, DIST. DHARWAD-581113, NOW BRANCH AT: BUILDING AT SY.NO.72/2, BASAVANAKATTI-SOMANAKATTI VILLAGE, KARARGI LIMITS, TQ. HAVERI-581128. REPRESENTED BY ITS PRESIDENT, PRAVEEN RAMAPPA MUDDENNAVAR, AGE 26 YRS, OCC. PRIVATE JOB, R/AT. KANAKDAS NAGAR, KUNDAGOL, TQ. KUNDAGOL, DIST. DHARWAD-581113. …PETITIONER (BY SRI. ZANZA SHAILESH JOSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANASOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALURU-560007. 2. THE SUPERINTENDENT OF POLICE HAVERI-581110. 3. THE DEPUTY SUPERINTENDENT OF POLICE HAVERI, DIST. HAVERI-581110. 4. THE POLICE INSPECTOR GUTTAL POLICE STATION, AT. HAVERI, DIST. HAVERI-581118. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR RESPONDENTS) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.21 10:52:48 +0530 - 2 - NC: 2025:KHC-D:7212 WP No. 103229 of 2025 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 APPROPRIATE WRIT, ORDER OR DIRECTIONS, DIRECTING THE RESPONDENTS NO.4 NOT TO INSIST UPON THE PETITIONER TO OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES PERTAINING TO THE PETITIONER’S CLUB, EITHER UNDER THE LICENSING AND CONTROLLING OF THE PLACES OF PUBLIC ENTERTAINMENT AMUSEMENT ACT OR UNDER KARNATAKA POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF SKILL DART GAMES LIKE CRICKET, KABADI, KARATE, CAROM, CHESS, SNOOKER, VOLLEYBALL, RUMMY (NON GAMBLING), CARDS, GAMES ETC, WHICH ARE THE GAMES OF SKILL & ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This writ petition is filed seeking for following relief: “To issue a Writ of Mandamus or any other appropriate Writ, Order or directions, directing the Respondents No.4 not to insist upon the Petitioner to obtain the License to carry in lawful activities Pertaining to the Petitioner’s club, either under the Licensing and Controlling of the places of Public Entertainment Amusement Act or Under Karnataka Police Act and not to interfere in the play of Skill Dart Games like Cricket, Kabadi, Karate, Carom, Chess, Snooker, Volleyball, rummy (non gambling), cards, games etc, which are the games of skill.” 2. Sri Zanza Shailesh Joshi, learned counsel for petitioner submits, petitioner was association duly registered under provisions of Karnataka Societies Registration Act and - 3 - NC: 2025:KHC-D:7212 WP No. 103229 of 2025 conducts games like play of Skill Dart Games like Cricket, kabaddi, karate, carom, Chess, Snooker, Volleyball, rummy (non gambling), cards, Games etc which are the games of skill. It was submitted petitioner would be conducting its day-to-day affairs as per Bye-laws and Rules in accordance with law. It was submitted while conducting regular activities, respondent no.4 on instructions of respondent no.2 and 3 was repeatedly interfering and insisting upon petitioner for obtaining licence. It was submitted, members of its association are not involved in any illegal activities contrary to law. Hence, sought for allowing writ petition by relying on decision in W.P.no.200509/2024. 3. On other hand, Sri V.S.Kalasurmath, learned AGA fairly submitted this Court in identical matters allowed writ petitions by imposing conditions. Likewise, this writ petition can be disposed of. 4. Heard learned counsel and perused writ petition record. 5. From above and taking note of directions issued in W.P.no.200509/2024 disposed of on 21.02.2024, writ petition is allowed subject to following conditions/directions: - 4 - NC: 2025:KHC-D:7212 WP No. 103229 of 2025 (i) Petitioner shall install CC TV cameras at places of access to its members and also at all places, wherein game(s) is/are played by members within a period of six weeks. CC TV footage of at least prior 15 days period shall be made available by petitioner to jurisdictional police, as and when called upon to do so. (ii) Petitioner shall issue identity card(s) to its entire member, which shall be produced by member(s), when called upon by concerned police, during raid(s), surveillance, etc. (iii) 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) Petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within definition of Sections 2(14) and 2(15) of Act and shall not permit any game(s) of chance as per Explanation (II) of Sub- - 5 - NC: 2025:KHC-D:7212 WP No. 103229 of 2025 section (7) of Section 2 of Karnataka Police Act, 1963. 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) Petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by member(s). If jurisdictional police find the game(s) played is/are contrary to any law and in violation of settled practice, it is open to them to take action against petitioner and offenders, in accordance with law. (vi) Jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in petitioner’s premises. (vii) Respondents are directed not to interfere with lawful recreational activities carried on by members of petitioner’s – Club/Association. (viii) It is made clear that this order would not come in way of jurisdictional police invoking - 6 - NC: 2025:KHC-D:7212 WP No. 103229 of 2025 provisions of Act and taking action in accordance with law, if member(s) of petitioner is/are found to have indulged in any unlawful or immoral activities. Sd/- (RAVI V.HOSMANI) JUDGE CLK, CT:VP LIST NO.: 1 SL NO.: 42