- 1 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100385 OF 2026 (GM-POLICE) BETWEEN: SUNDAR RECREATION CLUB, DIVATAGI ONI, OLD-HUBBALLI, MAHALAXMI MARKET-HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580024, REPRESENTED BY ITS PRESIDENT SHRI. ANIL KHODE, AGE. 38 YEARS, OCC. BUSINESS, R/O. KAMARIPET, MV GALLI, HUBBALLI, DIST. DHARWAD-580024. …PETITIONER (BY SRI. NAGARAJ J.APPANNANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, DR. B.R. AMBEDKAR VIDHI, BENGALURU-560001. 2. THE COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, NAVANAGAR, TQ. AND DIST. DHARWAD-580028. 3. THE DEPUTY COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, NAVANAGAR, TQ. AND DIST. DHARWAD-580028. 4. THE ASSISTANT COMMISSIONER OF POLICE, TOWN POLICE STATION, HUBBALLI, DIST. DHARWAD-580020. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 5. THE CIRCLE POLICE INSPECTOR, OLD HUBBALLI POLICE STATION, KARWAR ROAD, HUBBALLI, HUBBALLI, DIST. DHARWAD-580020. 6. THE POLICE SUB-INSPECTOR, OLD-HUBBALLI POLICE STATION, KARWAR ROAD, HUBBALLI, DIST. DHARWAD-580020. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) DECLARE THAT, THE PETITIONER ASSOCIATION IS NOT REQUIRED TO OBTAIN ANY LICENSE/PERMISSION UNDER THE PROVISIONS OF KARNATAKA POLICE ACT OR LICENSE UNDER THE PROVISIONS OF THE LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER TO PLAY INDOOR GAMES SUCH AS RUMMY, CHESS, CAROM, BILLIARDS/SNOOKER, VIDEO GAMES, ELECTRONIC AMUSEMENT GAMES, DICE GAMES SKILLED GAMES AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ALL ITS MEMBERS. B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER DIRECTION/ORDERS TO THE RESPONDENT NO.2 TO 6 DIRECTING NOT TO INSIST UPON THE PETITIONER ASSOCIATION TO OBTAIN A LICENSE FOR PLAYING SKILL GAMES LIKE CHESS, DART GAMES, RUMMY AND CAROM, VIDEO GAMES, ELECTRONIC AMUSEMENT GAMES, DICE GAMES EITHER UNDER THE PROVISIONS OF KARNATAKA POLICE ACT-1960 OR UNDER THE LICENSING AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT ORDER OR PREVENT THE PETITIONER ASSOCIATION TO CONDUCT ITS LEGAL ACTIVITIES TO BE CARRIED ON BY THE MEMBERS OF THE PETITIONER ASSOCIATION SITUATED AT DIVATAGI ONI, OLD-HUBBALLI, MAHALAXMI MARKET-HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580024. C) PASS SUCH OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “i) Declare that, the petitioner Association is not required to obtain any license/permission under the provisions of Karnataka Police Act or license under the provisions of the licensing and controlling of places of the public amusement order to play indoor games such as Rummy, Chess, Carom, Billiards/Snooker, Video Games, Electronic Amusement Games, Dice Games Skilled games and other Indoor and outdoor games for the benefit of all its members. ii) Issue a writ of mandamus or any other direction/orders to the respondent Nos.2 to 6 directing not to insist upon the petitioner association to obtain a license for playing skill games like Chess, Dart Games, Rummy and Carom, Video Games, Electronic Amusement Games, Dice Games either under the provisions of Karnataka Police Act-1963 or under the licensing and controlling of place of public amusement order or prevent the petitioner association to conduct its legal activities to be carried on by the members of the petitioner association situated at Divatagi oni, Old- Hubballi, Mahalaxmi Market-Hubballi, Tq. Hubballi, dist. Dharwad-580024. iii) Pass such other order as this Hon’ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 2. The facts of the case are that, the petitioner/Association is duly registered under the Karnataka Societies Registration Act, 1960 and it is conducting the games like Cricket, Kabbaddi, Karate, Chess, Carom and also conducting indoor and outdoor skill games etc. for recreation of its members. It is the case of the petitioner Association that though the Association need not obtain a license under the provisions of the Karnataka Police Act, 1963, the authorities are insisting for the same. It is stated that as per the judgment reported in ILR 1993 KAR 3357 in the case of Rama Recreation Association Vs. Commissioner of Police, the Association cannot be compelled to obtain a license. It is the grievance of the petitioner that the Association is running after obtaining the license and when the same 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 petition i.e., WP.No.100682/2025 dated 06.02.2025, wherein it was observed - 5 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 that in WP.No.12241/2018 dated 27.03.2018, a slew of directions are given to the respondents/Police. 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. Having heard the learned counsels on either side, perused the entire material on record. According to the petitioner, petitioner/Association has a license and it 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, - 6 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 in the light of 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. 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 - 7 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 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. 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. - 8 - HC-KAR NC: 2026:KHC-D:1135 WP No. 100385 of 2026 ix. Accordingly, the writ petition is disposed of. x. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 36