S R PATIL SOCIAL CLUB (R) v. THE STATE OF KARNATAKA
WP/105384/2024 · 2025-01-08
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6960 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6960 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:298 WP No. 105384 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105384 OF 2024 (GM-POLICE) BETWEEN:
S.R. PATIL SOCIAL CLUB (R) NAGANAPUR, SY.NO.17/2, TQ. MUDHOL, DIST. BAGALKOT, REPRESENTED BY ITS SECRETARY, SHRI SIDDANAGOUDA, S/O RANGAPPA PATIL AGE. 32 YEARS, OCC. PRESIDENT, R/O NAGARAL, TQ. MUDHOL, DIST. BAGALKOT-587313. …PETITIONER (BY SRI. KIRANKUMAR CHATTIMATH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, VIDHANASOUDHA, BENGALURU 01.
2.
THE DIRECTOR GENERAL OF POLICE NRUPATUNGA ROAD BESIDE RBI, NUNEGUNDALAPALLI, AMBEDKAR VEEDHI, BENGALURU 01.
3.
THE INSPECTOR GENERAL OF POLICE, SUBHASH NAGAR, BELAGAVI 590001.
4.
THE SUPERINTENDENT OF POLICE, BAGALKOT 587103.
5.
THE DEPUTY SUPERINTENDENT OF POLICE, JAMKHANDI, DIST. BAGALKOT 587301.
6.
THE CIRCLE POLICE INSPECTOR, MUDHOL, DIST. BAGALKOT 587313.
7.
THE SUB-INSPECTOR OF POLICE, LOKAPUR-POLICE STATION, TQ. MUDHOL, DIST. BAGALKOT 587313. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE FOR R1 TO R7)
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Date: 2025.01.18 11:02:12 +0530
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NC: 2025:KHC-D:298 WP No. 105384 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE IN THE DAY-TO-DAY ACTIVITIES OF THE PETITIONER SOCIAL CLUB, BEARING SY.NO.17/2, SITUATED AT NAGANAPUR VILLAGE, TQ. MUDHO, DIST. BAGALKOT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondents-police to restrain from interfering with the activities of the petitioner-club.
2. Heard Sri Kirankumar Chattimath, learned counsel for the petitioner and Sri Sharad V. Magadum, learned High Court Government Pleader for the respondents.
3.
Learned counsel appearing for the petitioner submits that the petitioner – Club is registered on 23.12.2023 and has not undertaken any such illegal activity for interference. He would also submit that the issue is covered by plethora of judgments rendered by this Court. Though the
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NC: 2025:KHC-D:298 WP No. 105384 of 2024
petitioner – Association is abiding with the terms and conditions as directed by this Court, the respondents - police are insisting to obtain license, which is contrary to law. 4. In the peculiar facts and circumstances of this case, I deem it appropriate to refer to the order passed by the Co- ordinate Bench of this Court in W.P.No.12241/2018, disposed on 27.03.2018, wherein it has held as follows:
"3. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15.10.2014 (The Media N Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions: (i) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of access to its members and also at all the places, wherein games are played by the members. The CC TV footage of atleast prior 15 days’ period shall be made available by the petitioner to the jurisdictional police, as and when called upon to do so. (ii) The petitioner shall issue identity cards to all its members, which shall be produced by the members, when called upon by the concerned police, during the raids, survelliance, 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 members, by indulging in acts of amusement, falling within the definition of Sections 2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Sub- section (7) of Section 2 of the Act. The members shall not be allowed to play any kind of games 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 games are played in any unlawful manner by the
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NC: 2025:KHC-D:298 WP No. 105384 of 2024
members. 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 take 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 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’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 members of the petitioner is/are found to have indulged in any unlawful or immoral activities. This writ petition is also disposed of in the aforesaid terms.”
5. In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the petition stands disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
NAA LIST NO.: 1 SL NO.: 47