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2026 DAILYLAW 4072 (KAR)

SHREE NANDI SPORTS AND RECREATION ASSOCIATION v. THE STATE OF KARNATAKA

WP/12024/2026 · 2026-04-17

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21355 WP No. 12024 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.12024 OF 2026 (GM-POLICE) BETWEEN: SHREE NANDI SPORTS AND RECREATION ASSOCIATION-URDIGERE URDIGERE POST AND HOBLI TUMKUR - 572 140. REP. BY ITS PRESIDENT SRI. SAGAR M.N.SURESH BABU …PETITIONER (BY SRI. RAJU S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001. 2. THE SUPERINTENDENT OF POLICE TUMKUR TUMKUR - 572 103. 3. THE DEPUTY SUPERINTENDENT OF POLICE TUMKUR TUMKUR - 572 103. 4. THE CIRCLE INSPECTOR OF POLICE KYATHASANDRA POLICE STATION TUMKUR RURAL - 572 104. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21355 WP No. 12024 of 2026 5. THE SUB-INSPECTOR OF POLICE KYATHASANDRA POLICE STATION TUMKUR RURAL - 572 104. 6. THE INSPECTOR OF POLICE URDIGERE POLICE STATION TUMKUR RURAL - 572 101. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR THE PLAY OF GAMES SUCH AS (SKILL) CHESS, CAROM, SNOOKER, GYM, READING ROOM (LIBRARY), FANTASTIC-3, (PLAYED WITH 3 DICE), DICE BALL, DART GAMES, ELECTRONICS GAMES, TABLE TENNIS, CARDS (RUMMY) VIDEO GAME, POKER AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICE AND ETC., BEING RUN UNDER THE NAME AND STYLE OF SHREE NANDI SPORTS AND RECREATION POST, ASSOCIATION-URDIGERE, URDIGERE HOBLI, TUMKUR- 572140, EITHER UNDER THE KARNATAKA POLICE ACT UNDER THE LICENSING PUBLIC AND URDIGERE CONTROLLING OF THE PLACE AMUSEMENT ORDER, BANGALORE CITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:21355 WP No. 12024 of 2026 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 the 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 Chess, Carom, Snooker and Table Tennis games conducted by the 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 Shops and Commercial Establishments Act, 1961. 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:21355 WP No. 12024 of 2026 3. The grievance projected in the writ petition is that respondents/Police is repeatedly visiting the premises of the Association without any justifiable cause and is interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Association 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. 5. 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: - 5 - HC-KAR NC: 2026:KHC:21355 WP No. 12024 of 2026 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 Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or - 6 - HC-KAR NC: 2026:KHC:21355 WP No. 12024 of 2026 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. g. It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act - 7 - HC-KAR NC: 2026:KHC:21355 WP No. 12024 of 2026 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 NBM List No.: 1 Sl No.: 33