B.R.V.INSTITUTE OF SPORTS AND CULTURE v. THE STATE OF KARNATAKA
WP/21316/2025 · 2025-07-21
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91411 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91411 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27240 WP No. 21316 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21316 OF 2025 (GM-POLICE) BETWEEN:
B.R.V.INSTITUTE OF SPORTS AND CULTURE (ASSOCIATION REGD. UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960) NO.32, 1ST MAIN ROAD, RANGANATHAPURA, MAGADI MAIN ROAD, BANGALORE-560079. REPRESENTED BY ITS SECRETARY SRI DASE GOWDA. …PETITIONER (BY SRI. K KRISHNA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, LAW AND ORDER DEPARTMENT, VIDHANA SOUDHA, BANGALORE- 560 001. 2. THE COMMISSIONER OF POLICE, BANGALORE CITY NO.1, INFANTRY ROAD, BANGALORE-560 001. 3. INSPECTOR OF POLICE AND STATION HOUSE OFFICER,
Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27240 WP No. 21316 of 2025
KAMAKSHIPALYA POLICE STATION, KAMAKSHIPALYA, BANGALORE-560 079. 4. ASSISTANT COMMISSIONER OF POLICE, WEST SUB-DIVISION, VIJAYANAGAR, BANGALORE-560 040. 5. DEPUTY COMMISSIONER OF POLICE, WEST DIVISION, BANGALORE-560 079. 6. DEPUTY COMMISSIONER OF POLICE (CCB). SHANTHINAGAR, K. H. ROAD, BANGALORE-560 027. 7. ASSISTANT COMMISSIONER OF POLICE (CCB), SHANTHINAGAR, K. H. ROAD, BANGALORE-560 027. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NOT TO INSIST THE PETITIONER TO OBTAIN LICENSE UNDER THE CONTROL OF PLACES OF PUBLIC AMUSEMENT ORDER 1970 OR UNDER THE KARNTAKA POLICE ACT 1963 TO CARRY ON THE LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONERS CLUB AND ETC.,
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HC-KAR NC: 2025:KHC:27240 WP No. 21316 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER
Learned Additional Government Advocate accepts notice for all the respondents. 1. The petitioner has sought for issuance of writ in the nature of mandamus to direct the respondents not to insist the petitioner to obtain licence under the Control of Places of Public Amusement order, 1970 or under the Karnataka Police Act, 1963 to carry on the lawful activities of the petitioner. 2. The petitioner has also sought for a direction to the respondents not to interfere in the lawful activities of the petitioner's Club. 3. It is asserted by the petitioner that they have been carrying on lawful business by obtaining lawful licence.
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HC-KAR NC: 2025:KHC:27240 WP No. 21316 of 2025
4. It is a settled position in law that once the activities of Members of petitioner Association are being carried on lawfully, the question of respondent Police interfering would not arise unless the activities contravene any provisions of law. Needless to state that, it is always open to the respondent Authorities to exercise the powers vested in them, if they have information regarding commission of offence or violation of law. Such action of the respondent Police cannot be considered to be interference. 5. Noticed the observations made in W.P.No.18625/2005 wherein it is held that license either under the Police Act or under the Licensing and Controlling of Places of the Public Amusement Order is not required to run the Society or recreational club. 6. Accordingly, observing that the respondents not to interfere with the affairs of the petitioner except as is permissible in law, the petition is disposed off. It is also made clear that in the event the petitioner is carrying on
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HC-KAR NC: 2025:KHC:27240 WP No. 21316 of 2025
any game of chance, respondents - Authorities to enquire into the matter and petitioner to co-operate with the same. Sd/- (S SUNIL DUTT YADAV) JUDGE
DHA List No.: 1 Sl No.: 22