FORT CITY RECREATION CLUB v. THE STATE OF KARNATAKA
WP/21636/2025 · 2025-08-20
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75431 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75431 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32304 WP No. 21636 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21636 OF 2025 (GM-POLICE)
BETWEEN:
FORT CITY RECREATION CLUB J.M.I.T. CIRCLE, BIG BOSS HOTEL, 3RD FLOOR, CHITRADURGA-577501 REPRESENTED BY ITS SECRETARY MR. BASAVARAJAPPA. T. R S/O RAMAPPA, AGED ABOUT 60 YEARS, REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT.
…PETITIONER (BY SRI. GIREESHA KODGI.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001.
2.
INSPECTOR GENERAL OF POLICE DAVANAGERE, EASTERN RANGE, DAVANAGERE-577001.
Digitally signed by VANAMALA N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:32304 WP No. 21636 of 2025
3.
SUPERINTENDENT OF POLICE, DISTRICT COURT ROAD, CHITRADURGA-577 526.
4.
DEPUTY SUPERINTENDENT OF POLICE, CHITRADURGA DIVISION, CHITRADURGA-577 526.
5.
DEPUTY COMMISSIONER OF POLICE, INVESTIGATION BURO, CHITRADURGA-577 526.
6.
CIRCLE INSPECTOR OF POLICE CHITRADURGA TOWN, CHITRADURGA-577 526.
7.
CIRCLE INSPECTOR OF POLICE, CHITRADURGA RURAL DISTRICT, CHITRADURGA - 577 526.
8.
INSPECTOR OF POLICE, CHITRADURGA KOTE POLICE STATION, CHITRADURGA - 577 526.
9.
INSPECTOR OF POLICE, CHITRADURGA TOWN POLICE STATION, CHITRADURGA - 577 526.
10. THE DISTRICT REGISTRAR OF SOCIETIES AND THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, BL GOWDA LAYOUT, CHITRADURGA-5777501. …RESPONDENTS (BY SMT.K.P. YASHODHA .,AGA)
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HC-KAR NC: 2025:KHC:32304 WP No. 21636 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH THE ENDORSEMENT BEARING NO.DRD/SA-SAM/C.R./SOR-584/2023- 24/2024-25 DATED 16-05-2025 ISSUED BY THE RESPONDENT NO. 10 AS PER ANNEXURE-F.
B) MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE RECREATIONAL ACTIVITIES TO BE CARRIED ON BY THE MEMBERS OF THE PETITIONER'S ASSOCIATION CALLED AS FORT CITY RECREATION CLUB, J.M.I.T. CIRCLE, BIG BOSS HOTEL, 3RD FLOOR, CHITRADURGA-577501 AND PERMIT THEM TO CARRY OUT THE RECREATIONAL ACTIVITIES IN TERMS OF THE GUIDELINES ISSUED BY THIS COURT IN W. P 2836/2024 VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:32304 WP No. 21636 of 2025
ORAL ORDER
The petitioner, an Association purportedly operating a Recreation Club, is aggrieved by the tenth respondent's Endorsement dated 16.05.2025 [Annexure-F]. The tenth respondent, responding to the Annual Returns filed by the petitioner for the year 2024-25, has called upon the petitioner to furnish an Endorsement from the jurisdictional Police on whether the petitioner is conducting any activity such as gambling.
2. Sri Gireesha Kodagi, the learned counsel for the petitioner, while submitting that the jurisdictional Police have begun an investigation with a FIR, has ensured that the petitioner's activities are brought to a standstill, but that cannot be a reason to refuse accepting the Annual Returns. Smt K P Yashodha, a learned Additional Government Advocate, who is called upon to accept notice for the respondents, including the tenth respondent, is
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HC-KAR NC: 2025:KHC:32304 WP No. 21636 of 2025
heard in the light of the grievance as also the reliance on the decision of a Co-ordinate Bench of this Court in the writ petition in WP No. 18318/2025 [decided on 24.07.2025].
3. This Court must observe that the tenth respondent could not have avoided a decision on acceptance of the Annual Returns by insisting upon an Endorsement from the jurisdictional Police, a proposition that is reiterated by the co-ordinate Bench in the aforesaid decision. Therefore, the petition must be disposed of with just orders quashing the impugned Endorsement and observing that the tenth respondent must consider the Annual Returns filed without insisting on an Endorsement.
4. However, this Court must hasten to add that the outcome in this petition cannot impede any pending criminal proceedings or action that may become necessary if there is any contravention by the petitioner. The petitioner’s grievance [if any] with the
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HC-KAR NC: 2025:KHC:32304 WP No. 21636 of 2025
initiation of the criminal proceedings and the right to conduct such operations must be examined in the apt proceedings. Hence, the following:
ORDER
[a] The petition is allowed in part.
[b] The tenth respondent's impugned Endorsement dated 16.05.2025 [Annexure-F] is quashed subject to the observations as aforesaid.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-