SAI RECREATION CLUB (R) v. THE GOVERNMENT OF KARNATAKA
WP/5864/2026 · 2026-03-23
Sachin Shankar Magadum
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1280 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1280 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16369 WP No. 5864 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5864 OF 2026 (GM-POLICE)
BETWEEN:
1. SAI RECREATION CLUB (R) A SOCIETY REGISTERED UNDER PROVISIONS OF THE KARNATAKA SOCIEITIES REGISTRATION ACT 1960, HAVING ITS REGISTERED OFFICE AT DOOR NO.2-87, SAI KRUPA BUILDING MURATHANGADI, SANOOR VILLAGE KARKALA, UDUPI DISTRICT-574 114. BY ITS PRESIDENT SRI XAVIER HERALD LOBO …PETITIONER
(BY SRI. RAKSHITH KUMAR, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 BY ITS SECRETARY
2. THE SUPERINTENDENT OF POLICE UDUPI DISTRICT, UDUPI-576101 KARNATAKA, INDIA
3. THE DEPUTY SUPERINTENDENT OF POLICE KARKALA SUB DIVISION UDUPI DISTRICT, KARKALA-574101 KARNATAKA, INDIA
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:16369 WP No. 5864 of 2026
4. THE POLICE INSPECTOR KARKALA TOWN POLICE STATION UDUPI DISTRICT, KARKALA-574104 KARNATAKA, INDIA
5. THE SUB INSPECTOR OF POLICE KARKALA TOWN POLICE STATION UDUPI DISTRICT, KARKALA-574101 KARNATAKA, INDIA …RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS, NOT TO INSIST THAT THE PETITIONER SHOULD OBTAIN THE NECESSARY LICENSE CONDUCTING CHESS, CAROM, TABLE TENNIS, SNOOKER, KABADDI, VOLLEYBALL, CRICKET, ELECTRONIC AMUSEMENT GAMES AND OTHER RECREATIONAL PURSUITS AND ALSO TO CONDUCT CULTURAL ACTIVITIES FOR THE PUBLIC TO ENCOURAGE PARTICIPATION IN SPORTS AND CULTURAL DEVELOPMENT, FOR THE BENEFITS OF ITS MEMBERS AND OTHER LAWFUL ACTIVITIES BEING CARRIED OUT IN ITS PREMISES OF DOOR NO. 2-87 SAI KRUPA BUILDING, MURATHANGADI, SANOOR VILLAGE, KARKAL, UDUPI DISTRICT-574 114. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner – a Registered Recreation Club – has approached this Court under Article 226 of the Constitution seeking a writ of mandamus against
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HC-KAR NC: 2026:KHC:16369 WP No. 5864 of 2026
respondents, restraining them from interfering with the lawful activities carried on by the Club. It is specifically contended that the activities of the petitioner-Club are confined to indoor recreational games such as Carom, Chess, Snooker, table tennis.
kabaddi, volleyball, cricket, electronic amusement games and other recreational pursuits conducted in the name and style of Sai Recreation Club, 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 duly registered under the provisions of the Karnataka Societies Registration Act, 1960 having been registered before the Registrar of Societies vide Registration No. DRUD/SOR/163/2025-2026 dated
03.02.2026. 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:16369 WP No. 5864 of 2026
3. The grievance projected in the writ petition is that respondents/Police 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. Learned counsel appearing for the petitioner places reliance on the judgment of this Court in W.P. No.30071/2014 disposed of on 15.10.2024, wherein, 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
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HC-KAR NC: 2026:KHC:16369 WP No. 5864 of 2026
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 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
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HC-KAR NC: 2026:KHC:16369 WP No. 5864 of 2026
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. 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. - 7 -
HC-KAR NC: 2026:KHC:16369 WP No. 5864 of 2026
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 found to have indulged in any unlawful or immoral activities. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 2 Sl No.: 103