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2026 DAILYLAW 4136 (KAR)

SRI LAKSHMINARASIMHA SWAMY SPORTS AND RECREATIONAL ASSOCIATION v. THE GOVERNMENT OF KARNATAKA

WP/12498/2026 · 2026-04-21

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21442 WP No. 12498 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12498 OF 2026 (GM-POLICE) BETWEEN: SRI LAKSHMINARASIMHA SWAMY SPORTS AND RECREATIONAL ASSOCIATION HIREHALLI VILLAGE & POST, URDIGERE HOBLI, TUMAKUR TALUK & DISTRICT - 572 104. REPRESENTED BY ITS SECRETARY, PRASSANNA KUMAR. &PETITIONER (BY SRI. VASANTHAPPA, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. BY ITS HOME SECRETARY. 2. SUPERINTENDENT OF POLICE, TUMAKUR DISTRICT, ASHOK NAGAR, B H ROAD, KYATHSANDRA, TUMAKUR - 572 103. 3. DEPUTY SUPERINTENDENT OF POLICE, TUMAKUR DISTRICT, ASHOK NAGAR, B H ROAD, KYATHSANDRA, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21442 WP No. 12498 of 2026 TUMAKUR - 572 103. 4. CIRCLE INSPECTOR OF POLICE, TUMAKUR DISTRICT, ASHOK NAGAR, B H ROAD, KYATHSANDRA, TUMAKUR - 572 103. 5. SUB-INSPECTOR OF POLICE, TUMAKUR DISTRICT, ASHOK NAGAR, BH ROAD, KYATHSANDRA, TUMAKUR - 572 103. 6. THE SUB-INSPECTOR OF POLICE (SPECIAL), HULKUR CRIME BRANCH, TUMAKUR TALUK & DISTRICT - 572 101. &RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE AND PLEASED TO DECLARE THAT THE PETITIONERS ASSOCIATION DOES NOT REQUIRE ANY LICENSE FROM THE RESPONDENTS TO CARRY ON THE LAWFUL ACTIVITIES AT THE PETITIONERS ASSOCIATION PREMISES AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21442 WP No. 12498 of 2026 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner 3 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 and Snooker 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:21442 WP No. 12498 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 Hon9ble 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:21442 WP No. 12498 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 days9 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:21442 WP No. 12498 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 petitioner9s premises. f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner 3 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:21442 WP No. 12498 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.: 28