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2025 DAILYLAW 55059 (KAR)

M/S H T ROYAL SPORTS AND RECREATION ASSOCIATION v. STATE OF KARNATAKA

WP/18500/2025 · 2025-07-14

S Sunil Dutt Yadav

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25966 WP No. 18500 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18500 OF 2025 (GM-POLICE) BETWEEN: 1. M/S H T ROYAL SPORTS AND RECREATION ASSOCIATION HAVING OFFICE AT SURVEY NOS. 634/1, 630/6, 630/27, 630/29, 630/63, 630/64, 630/65, 630/66, 630/6, 630/68, AREHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT 577 526, REPRESENTED BY ITS PRESIDENT T THIPPESWAMY S/O THIMMAPPA AGED ABOUT 59 YEARS REP. ROYAL SPORTS & RECREATION HOLALKERE TQ. …PETITIONER (BY SRI. K V SATEESHCHANDRA., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE SUPERINTENDENT OF POLICE, R/O. KELAGOTE, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25966 WP No. 18500 of 2025 TURUVANURU ROAD CHITRADURGA DISTRICT - 577 501. 3. THE ADDITIONAL SUPERINTENDENT OF POLICE, CHITRADURGA SUB DIVISION, HOLALKERE CIRCLE, R/O. KELAGOTE, TURUVANURU ROAD, CHITRADURGA DISTRICT - 577 501. 4. THE CIRCLE INSPECTOR OF POLICE, R/O. NH 369, MAIN ROAD, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 526. …RESPONDENTS (BY SMT. K P YASHODHA, AGA) *** THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS POLICE NOT TO INSIST TO OBTAIN LICENSE UNDER THE KARNATAKA POLICE ACT, 1963 OR UNDER THE LICENSING AND CONTROLLING OF THE PLACES OF PUBLIC AMUSEMENT ORDER 1970. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:25966 WP No. 18500 of 2025 ORAL ORDER Petitioner has sought for issuance of writ in the nature of mandamus to direct the respondent - Police not to insist the petitioner to obtain licence under the Karnataka Police Act, 1963 or under the Licensing and Controlling of the Places of Public Amusement Order, 1970. 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. - 4 - HC-KAR NC: 2025:KHC:25966 WP No. 18500 of 2025 3. Noticed the observations made in W.P.No.18625/2005, wherein it is held that licence 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 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 VGR