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2026 DAILYLAW 10156 (KAR)

THE NISARGA ASSOCIATION v. THE STATE OF KARNATAKA

WP/29960/2025 · 2026-03-13

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15219 WP No. 29960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 29960 OF 2025 (GM-POLICE) BETWEEN: THE NISARGA ASSOCIATION VANAGURU KUDURASTHE, MAGATTURU VILLAGE, HETHURU HOBLI, SAKALESHAPURA TALUK, HASSAN DIST-573201. REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT. REPRESENTED BY ITS SECRETARY SACHIN B.J, S/O JAYAPPAGOWDA, AGED ABOUT 40 YEARS, R/O BYAGADIHALLI VILLAGE, HETTURU HOBLI, SAKALESHAPURA TALUK, HASSAN DIST-573201. …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGLORE-560 001. 2. THE SUPERINTENDENT OF POLICE, HASSAN DISTRICT, HASSAN -571401 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15219 WP No. 29960 of 2025 3. THE DEPUTY SUPERINTENDENT OF POLICE, SAKALESHAPURA DIVISION, SAKALESHAPURA HASSAN DISTRICT-573201. 4. THE CIRCLE INSPECTOR OF POLICE, SAKALESHPURA CIRCLE, SAKALESHAPURA HASSAN DISTRICT -572159 5. THE SUB-INSPECTOR OF POLICE, YESALURU TOWN POLICE STATION, SAKALESHAPURA TQ HASSAN DISTRICT - 573201 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTIONS OR ORDER TO THE RESPONDENTS NOT INSIST THE PETITIONER TO OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES INCLUDING THE RUMMY IN THE PREMISES OF THE PETITIONER AND CONSEQUENTLY DIRECTING RESPONDENTS, THEIR SUBORDINATES AND OTHER OFFICIALS ACTING ON THEIR BEHALF FROM IN ANY MANNER INTERFERE WITH THE DAY TO DAY ACTIVITIES OF THE PETITIONER CLUB AND ETC., AND NOT TO INTERFERENCE WITH THE RECREATIONAL AND OTHER LAWFUL ACTIVITIES CARRIED ON IN THE PETITIONERS IN ANY MANNERS IN THE INTEREST OF JUSTICE AND EQUITY. B) GRANT SUCH OTHERS RELIEFS AS THIS HONBLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15219 WP No. 29960 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner – a Registered Recreation Association has approached this Court under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus against respondents, restraining them from interfering with the lawful activities carried on by the Association. It is specifically contended that the activities of the petitioner-Association are confined to indoor recreational games such as Carom, Chess and Rummy etc., conducted in the name and style of Nisarga Association and that no unlawful or prohibited activities are being conducted in the premises. 2. It is the case of the petitioner that the Association is a duly registered Society under the provisions of the Karnataka Societies Registration Act, 1960. The petitioner asserts that the Association has been established exclusively for recreational purposes and is functioning strictly in accordance with its bye-laws. - 4 - HC-KAR NC: 2026:KHC:15219 WP No. 29960 of 2025 3. The grievance projected in the writ petition is that respondents – the jurisdictional Police Officers are repeatedly visiting the premises of the Association without any justifiable cause and are interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Club but has also resulted in intimidation and threats to discontinue the activities of the Association. 4. This Court in W.P.No.21010/2023, under similar circumstances, appropriate directions were issued by referring to the authoritative pronouncement of the Division Bench of this Court in D.V.R Recreation Club Vs State of Karnataka rendered in W.A.No.20090/2015. In the light of the principles laid down by the Hon’ble Division Bench and the consistent view taken by this Court in subsequent matters, the present writ petition is disposed of with the following directions:- a. The petitioner shall install within a period of six weeks, CC TV cameras, at all the - 5 - HC-KAR NC: 2026:KHC:15219 WP No. 29960 of 2025 places of access to its members and also at all the places, wherein game/s is/are played by the members. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner, to the police, as and when called upon to do so. b. 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 surveillance etc. c. 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 Karnataka Police Act, 1963 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, except games of skills. - 6 - HC-KAR NC: 2026:KHC:15219 WP No. 29960 of 2025 d. 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 find that any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner and the offenders, in accordance with law. e. 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. f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association. g. 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 - 7 - HC-KAR NC: 2026:KHC:15219 WP No. 29960 of 2025 found to have indulged in any unlawful or immoral activities. Ordered accordingly. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 42