- 1 - HC-KAR NC: 2025:KHC-D:12585 WP No. 106970 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106970 OF 2025 (GM-POLICE) BETWEEN: LEGAL RECREATION CLUB SURVEY NO. 38/D, PLOT NO. 9 BANAHATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587311, REPRESENTED BY ITS PRESIDENT, SHRI MANOJ S/O. SURYAKANT TELI, AGE. 39 YEARS, OCC. AGRICULTURE SOCIAL WORK, R/O. MANGENI GALLI- JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-01. 2. SUPERINTENDENT OF POLICE BAGALKOT, DIST. BAGALKOT-587103. 3. POLICE INSPECTOR BANAHATTI POLICE STATION, TQ. RABAKAVI-BANHATTI-587311, DIST. BAGALKOT. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12585 WP No. 106970 of 2025 4. POLICE SUB INSPECTOR BANAHATTI, POLICE STATION, TQ. RABAKAVI - BANHATTI-587311, DIST. BAGALKOT. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENCE FOR THE PLAY OF CAROM, CHESS, RUMMY ETC., IN ITS PREMISES EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue writ of mandamus, or any other appropriate writ, order or direction directing the respondents not to insist upon the petitioner to obtain licence for the play of carom, chess, rummy etc., in its premises either under the Karnataka Police Act or under the licensing and controlling of the - 3 - HC-KAR NC: 2025:KHC-D:12585 WP No. 106970 of 2025 place of Public Amusement Order in the interest of justice and equity. b. Grant such other relief’s as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity 3. Both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P.No.101799/2016 (GM-Police) in Srimanth Ramchandrarao Appasaheb Club, Jamakhandi Vs. State of Karnataka. 4. In view of the aforesaid submissions and in the light of the decision in WP.No.101799/2016 (GM-Police) and with a view to maintain parity, writ petition is disposed of with following directions: i. The petitioner shall install CCTV 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 CCTV footages of at least prior 15 days' period shall be made - 4 - HC-KAR NC: 2025:KHC-D:12585 WP No. 106970 of 2025 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) & 2(15) of the Act and shall not permit any game(s) of - 5 - HC-KAR NC: 2025:KHC-D:12585 WP No. 106970 of 2025 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 jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to taken 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 - 6 - HC-KAR NC: 2025:KHC-D:12585 WP No. 106970 of 2025 activity being carried on in the petitioner's premises. vii. The respondents are directed not to interfere with the lawful recreational activities carried or 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. No order as to costs. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 47