- 1 - HC-KAR NC: 2025:KHC-D:16795 WP No. 109108 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109108 OF 2025 (GM-POLICE) BETWEEN: MAHALAXMI FRIENDS CLUB (R) NEAR KANNADA SHALE, MAVALLI 2, NOW AT SHREE SAGAR LODGE BUILDING, NH 66, MURDESHWAR, BHATKAL 581350, R/BY ITS PRESIDENT, GIRISH ISHWAR NAIK, AGE. 48 YEARS, OCC. BUSINESS, R/O. KANNADA SCHOOL WARD, MAVALLI, MURDESHWAR, BHATKAL, UTTARA KANANDA 581350. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU 560001 2. SUPERTENDENT OF POLICE KARWAR DISTRICT (UTTARA KANNADA), KARWAR - 581301. 3. CIRCLE POLICE INSPECTOR, BHATKAL TOWN POLICE STATION, DIST. UTTARA KANNADA-581350. 4. THE SUB INSPECTOR OF POLICE, MURDESHWAR POLICE STATION, DIST. UTTAR KANANDA 581350. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16795 WP No. 109108 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ENABLE THE PETITIONER TO CARRY-OUT THE RECREATIONAL ACTIVITIES IN PURSUANCE OF ORDER IN WP NO.105625/2018 DATED 02.01.2019 VIDE ANNEXURE- A. WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2-4 NOT TO REMOVE THE CCTV CAMERAS ALONG WITH DVRS INSTALLED IN THE PREMISES OF THE PETITIONER VIDE ANNEXURE-C. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Heard the learned counsel for the petitioner and the learned AGA. 2. The petitioner is before this Court praying for the issuance of writ of mandamus thereby directing the respondents not to insist upon the petitioner to obtain license for the recreational activities conducted by the petitioner in the schedule premises either under the Karnataka Police Act, 1963 or under the Licensing and Controlling of the Place of Public Amusement Order, 1970. - 3 - HC-KAR NC: 2025:KHC-D:16795 WP No. 109108 of 2025 3. Learned counsel for the petitioner would submit that, this Court in similar circumstance has disposed of the writ petitions granting the relief. 4. Learned AGA would submit that the writ petition could be disposed of in terms of the order passed by this Court in W.P.No.50923/2018 disposed on 28.11.2018. 5. The submission of the learned AGA is placed on record. 6. In the light of the aforesaid submission, the present writ petition stands disposed with the following directions: (i) The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein game/s is/are played by the members. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner, to the 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 police, during the raid(s) and 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 - 4 - HC-KAR NC: 2025:KHC-D:16795 WP No. 109108 of 2025 amusement, falling within the definition of Ss.2 (14) & 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, 1963. 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 police find that any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against 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 – 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 are found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB