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2025 DAILYLAW 85736 (KAR)

FRIENDS RECREATION v. THE STATE OF KARNATAKA

WP/102951/2025 · 2025-08-20

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10557 WP No. 102951 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102951 OF 2025 (GM-POLICE) BETWEEN: FRIENDS RECREATION ASSOCIATION KUNDAGOL, HEAD OFFICE AT: KUNDGOL, TQ. KUNDAGOL, DIST. DHARWAD-581113, NOW BRANCH AT: BUILDING AT SY.NO.72/2, BASAVANAKATTI SOMANAKATTI VILLAGE, IN KARAJGI LIMITS, TQ. HAVERI, DIST. HAVERI-581128. REPRESENTED BY ITS PRESIDENT PRAVEEN RAMAPPA MUDDENNAVAR AGE: 26 YEARS, OCC. PRIVATE JOB, KANAKADAS NAGAR, KUNDAGOL, TQ. KUNDAGOL, DIST. DHARWAD-581113. …PETITIONER (BY SRI. ZANZA SHAILESH JOSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BANGALURU-560 007. 2. THE SUPERINTENDENT OF POLICE HAVERI-581110. 3. THE DEPUTY SUPERINTENDENT OF POLICE HAVERI, DIST.HAVERI-581110. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10557 WP No. 102951 of 2025 4. THE POLICE INSPECTOR GUTTAL POLICE STATION, AT: HAVERI, DIST.HAVERI-581118. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS, DIRECING THE RESPONDENTS NO.4 NOT TO INSIST UPON THE PETITIONER TO OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES PERTAINING TO THE PETITIONERS CLUB, EITHER UNDER THE LICENSING AND CONTROLLING OF THE PLACES OF PUBLIC ENTERTAINMENT AMUSEMENT ACT OR UNDER KARNATAKA POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF SKILL DART GAMES LIKE CRICKET, KABADI, KARATE, CAROM, CHESS, SNOOKER, VOLLEYBALL, RUMMY (NON GAMBLING), CARDS, GAMES ETC, WHICH ARE THE GAMES OF SKILL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: i. To issue a Writ of Mandamus or any other appropriate writ, order or directions, directing the Respondents No.4 not to insist upon the Petitioner to obtain the License to carry in lawful activities Pertaining to the Petitioner’s club, either under the Licensing and Controlling of the places of Public - 3 - HC-KAR NC: 2025:KHC-D:10557 WP No. 102951 of 2025 Entertainment Amusement Act or Under Karnataka Police Act and not to interfere in the play of Skill Dart Games like Cricket, Kabadi, Karate, Carom, Chess, Snooker, Volleyball, Rummy (non gambling), cards, Games etc, which are the games of skill. ii. Grant such other reliefs or reliefs as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice. 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 - 4 - HC-KAR NC: 2025:KHC-D:10557 WP No. 102951 of 2025 footages of at least 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 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 chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka - 5 - HC-KAR NC: 2025:KHC-D:10557 WP No. 102951 of 2025 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 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. - 6 - HC-KAR NC: 2025:KHC-D:10557 WP No. 102951 of 2025 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 SH CT:PA List No.: 2 Sl No.: 6