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2025 DAILYLAW 85023 (KAR)

SAIHYADRI FRIENDS CLUB v. THE STATE OF KARNATAKA

WP/109215/2025 · 2025-12-03

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17192 WP No. 109215 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109215 OF 2025 (GM-POLICE) BETWEEN: SAIHYADRI FRIENDS CLUB, (GELEYAR BALAGA), REPRESENTED BY PRESIDENT, MARUTI NAGAPPA HARIJAN, R/O: PALEKAR COMPLEX, GOA ROAD, LINGANMATH CROSS, TQ :KHANAPUR, DIST: BELAGAVI. …PETITIONER (BY SRI. S. B. MALLIGAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 01. 2. THE SUPERINTENDENT OF POLICE, BELAGAM DISTRICT, BELAGAM-590001. 3. THE CIRCLE POLICE INSPECTOR, NANDGAD PS TQ:KHANAPUR, DISTRICT: BELAGAM-591120. 4. THE SUB INSPECTOR OF POLICE, NANDGAD PS, TQ:KHANAPUR, DIST: BELAGAM-591120. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE IT IN THE NATURE OF MANDAMUS THE RESPONDENTS ARE DIRECTED NOT TO INTERFERE WITH THE LAWFUL RECREATIONAL ACTIVITIES SPORTS LIKE CHESS, CARROM LUDO AND CULTURAL ACTIVITIES CARRIED ON BY THE MEMBERS OF THE PETITIONER CLUB/ASSOCIATION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Page no.01 is retyped and replaced vide court order dated 24.02.2026 Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:17192 WP No. 109215 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: “1. Issue it in the nature of mandamus The respondents are directed not to interfere with the lawful recreational activities Sports like Chess, Carrom Ludo and Cultural activities carried on by the members of the petitioner Club/Association. 2. Grant any other relief, which this Hon’ble court madhye fit in the interest of justice and equity.” 2. Heard Sri. S.B. Malligawad, learned counsel for the petitioner and Sri. T.Hanumareddy, learned AGA for the respondents. 3. Learned counsel appearing for the petitioner submits that the petitioner – Club 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 petitioner – Club 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- - 3 - HC-KAR NC: 2025:KHC-D:17192 WP No. 109215 of 2025 ordinate Bench of this Court in W.P. No.21211 of 2017, disposed on 11th May 2017, wherein it has held as follows: “Heard. 2. Sri T.Nagaraja, learned counsel for the petitioner submits that this matter is covered by an order of this Court dated September 9, 2015 in W.P.No.38068 of 2015. The said submission is not disputed by the learned HCGP. 3. In the circumstances, this petition is disposed of with 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 games(s) is / are played by the members. The CC TV footage of atleast 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 surveillances 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 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 - 4 - HC-KAR NC: 2025:KHC-D:17192 WP No. 109215 of 2025 find that game(s) played in contrary to any law and in violation of the settled practice, it is open to 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.” Learned HCGP is permitted to file his memo of appearance in four weeks.” 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 subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 103