- 1 - HC-KAR NC: 2025:KHC:28363 WP No. 11536 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. 11536 OF 2025 (GM-POLICE) BETWEEN: 1. M/S CHITRADURGA CITY RECREATION INSTITUTE KATHA NO.23-4-553-358A, ADARSHA NAGARA, JMIT CIRCLE, BESIDE BIG BOSS COMPLEX, NH-4, CHITRADURGA 577502 REPRESENTED BY ITS SECRETARY SRI. S. MANJUNATHA KARNATAKA SOCIETIES REGISTRATION ACT 1960. …PETITIONER (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560001 REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT REGISTRAR OF SOCIETIES, CHITRADURGA DISTRICT, CHITRADURGA 577501. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARA BHAVANA, B. L. GOWDA LAYOUT, CHITRADURGA 577501. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28363 WP No. 11536 of 2025 4. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE OFFICE OF THE DEPUTY COMMISSIONER, CHITRADURGA-577501. 5. THE ADDL. DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, CHITRADURGA 577501. 6. THE INSPECTOR GENERAL OF POLICE, EASTERN RANGE, DAVANAGERE -577001. 7. THE SUPERINTENDENT OF POLICE, CHITRADURGA DISTRICT, CHITRADURGA-577501. 8. THE DEPUTY SUPERINTENDENT OF POLICE, CHITRADURGA SUB - DIVISION, CHITRADURGA-577501. 9. THE INSPECTOR OF POLICE, KOTE POLICE STATION, BHEEMASAMUDRA ROAD, CHITRADRUGA-577501. 10. THE SUB-INSPECTOR OF POLICE, KOTE POLICE STATION, BHEEMASAMUDRA ROAD, CHITRADRUGA-577501. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASH THE LETTER DTD.21/6/2024 ISSUED BY RESPONDENT NO.2 IN NO.DRD/SAM-SAM/C.R.SAM./SOR 109.2016-17/-/2024-25, ANNEXURE-X. - 3 - HC-KAR NC: 2025:KHC:28363 WP No. 11536 of 2025 THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner which is stated to be a Recreation Institute has called in question the validity of the communication at Annexure-X dated 21.06.2024, whereby the respondent authorities have returned back the filing of the petitioner consisting of list of officer bearers and audit report while observing that the same will have to be re-filed along with the letter from the jurisdictional police that the petitioner have not involved themselves in any illegal activities including gambling etc. 2. 2. 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-X. 3. Learned Additional Government Advocate has filed a memo and placed reliance on the proceedings dated 18.05.2024 of the Deputy Commissioner wherein it was - 4 - HC-KAR NC: 2025:KHC:28363 WP No. 11536 of 2025 resolved that the Clubs are required to adhere to their 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. 4. 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 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. 5. Accordingly, the communication at Annexure-X dated 21.06.2024 is set aside. The respondent no.2 is to take on record the filing of the petitioner referred to Annexure-X - 5 - HC-KAR NC: 2025:KHC:28363 WP No. 11536 of 2025 without imposing any restriction as there is compliance with the requirement under Section 13 of the Act. 6. 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, 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