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2026 DAILYLAW 52298 (KAR)

G S SPORTS MATTU v. THE STATE OF KARNATAKA

WP/100198/2026 · 2026-01-28

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1031 WP No. 100198 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100198 OF 2026 (GM-POLICE) BETWEEN: G.S. SPORTS MATTU RECREATION CLUB JAMAKHANDI, TQ. JAMAKHANDI-587301, DIST. BAGALKOT, REPRESENTED BY ITS PRESIDENT NOOR AHMED MULLA, AGE. 45 YEARS. …PETITIONER (BY SRI. ABINANDAN V.HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, BAGALKOT, DIST. BAGALKOT-587301, THE SUPERINTENDENT OF POLICE, BAGALKOT, DIST. BAGALKOT-587301. 3. THE POLICE INSPECTOR, JAMAKHANDI TOWN POLICE STATION, JAMAKHANDI, DIST. BAGALKOT-587301. 4. THE DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, DIST. BAGALKOT-587301. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS RESTRAINING THE RESPONDENTS NOT TO INTERFERE WITH THE LAWFUL DAY-TO-DAY RECREATIONAL ACTIVITIES OF THE PETITIONER-CLUB AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1031 WP No. 100198 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER Wherefore, the petitioner respectfully prays that this Hon’ble Court may be pleased to: a. Issue a Writ of Mandamus or any other appropriate writ, order or directions restraining the respondents not to interfere with the lawful day-to-day recreational activities of the petitioner-club. b. Pass such other order or orders as this Hon’ble Court deems fit in the interest of justice and equity.” 2. Pursuant to the order passed by this Court, the petitioner has filed an affidavit before this Court. It is stated that on 16.09.2025 at about 12.00 p.m., one of the respondent Police officials visited the premises of the petitioner club and verbally warned the management and members to stop the activities, without issuing any written notice or order and further informed that there is an instruction from his higher official that the petitioner club shall remain closed and forced all the members to vacate the club. It is stated that on 18.11.2025, the Police Constable, who was in Mufti again visited the club premises and - 3 - HC-KAR NC: 2026:KHC-D:1031 WP No. 100198 of 2026 threatened to close the club, stating that the club would be sealed if activities were continued, despite the club holding valid registration, renewals and operating lawfully. It is the grievance of the petitioner that the petitioner club is running after obtaining the license and when the club is functioning as per the terms and conditions of the license, the respondents have no authority to interfere with the same. If there is any violation on the part of the petitioner, the respondents have to issue a notice and follow the procedure known to law and then only they can take an action. It is submitted that this action of the respondent is high handed and in fact, in similar writ petitions i.e., WP.No.100682/2025 dated 06.02.2025, wherein it was observed that in WP.No.12241/2018 dated 27.03.2018, a slew of directions are given to the respondents. It is submitted that in similar lines, the present writ petition may be disposed of. 3. Learned Additional Government Advocate appearing for the respondents submits that as stated by the petitioner, they are not high handedly interfering with the activities. Even as per the directions that are issued in WP.No.12241/2018, the Police have a right to visit the premises whenever there is information that illegal activities are taking place. - 4 - HC-KAR NC: 2026:KHC-D:1031 WP No. 100198 of 2026 4. Having heard the learned counsels on either side, perused the entire material on record. According to the petitioner, petitioner has a license and he has been running the club as per the terms and conditions of the license. But the petitioner cannot stop the respondent officials from entering into the premises. However, if they want to take any action on any illegal activities, they have to follow the due procedure and then only the respondent Police can take action. But high handedly they cannot stop the petitioner from conducting the activities of the club. In that view of the matter, in the light of the order passed in WP.No.12241/2018, this Court is passing the following order: ORDER i. 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 games 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 jurisdictional police, as and when called upon to do so. - 5 - HC-KAR NC: 2026:KHC-D:1031 WP No. 100198 of 2026 ii. The petitioner shall issue identity cards to all its members, which shall be produced by the members, when called upon by the police, during the raids and surveillance etc. iii. The petitioner shall not allow any non-member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s) or recreational activities. iv. The petitioner shall not permit any activity by any of its members, by indulging in acts of amusement, falling within the definition of Sections 2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act, 1963. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the games played. v. The petitioner shall put proper mechanism in place and shall ensure that no games are played in any unlawful manner by the members. If the jurisdictional police find that game/s played is/are contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law. - 6 - HC-KAR NC: 2026:KHC-D:1031 WP No. 100198 of 2026 vi. 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. vii. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association. viii. 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 members of the petitioner is/are found to have indulged in any unlawful or immoral activities. ix. Accordingly, the writ petition is disposed of. x. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 91