Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 52456 (KAR)

THE SOCIAL CLUB (R) HONNAVAR v. THE STATE OF KARNATAKA

WP/100535/2026 · 2026-01-28

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:1032 WP No. 100535 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.100535 OF 2026 (GM-POLICE) BETWEEN: THE SOCIAL CLUB (R), HONNAVAR TAPPAR HALL, HONNAVAR, UTTARA KANNADA, NOW BUILDING AT: SY.NO.296/1K OF HONNAVAR TQ. HONNAVAR, DIST. UTTARA KANNADA-581334, REPRESENTED BY ITS SECRETARY, SRI GANESH P.SHET, AGE. 62 YEARS, OCC. BUSINESS, R/O. HONNAVAR TOWN, TQ. HONAVAR, DIST. UTTARA KANNADA-581334. …PETITIONER (BY SRI. GANAPATI M.BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE SUPERINTENDENT OF POLICE, UTTARA KANNADA DISTRICT, KARWAR-581301. 3. THE DEPUTY SUPERINTENDENT OF POLICE, TOWN POLICE STATION, BHATKAL, DISTRICT. UTTARA KANNADA-581320. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1032 WP No. 100535 of 2026 4. THE CIRCLE INSPECTOR OF POLICE HONNAVAR POLICE STATION, HONAVAR, TQ. HONAVAR, DIST. UTTARA KANNADA-581334. 5. THE SUB-INSPECTOR OF POLICE, HONAVAR POLICE STATION, HONAVAR, TQ. HONAVAR, DIST. UTTARA KANNADA-581334. …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) A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS HEREIN NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING SKILL GAMES LIKE CHESS, CAROM AND RUMMY ETC., MENTIONED IN THEIR BYE-LAWS IN THE PETITIONER’S SCHEDULE PREMISE EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENTS ORDERS, 1970, IN THE INTEREST OF JUSTICE AND EQUITY. B) PASS SUCH OTHER ORDER OR DIRECTIONS AS THIS HON’BLE HIGH COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY INCLUDING THE AWARD OF 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:1032 WP No. 100535 of 2026 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER Wherefore it is most humbly prayed that this Hon'ble Court may be pleased to issue: A) A writ in the nature of MANDAMUS directing the respondents herein not to insist upon the petitioner to obtain license for playing skill games like chess, carom and rummy etc.. mentioned in their bye-laws in the petitioner's schedule premise either under the Karnataka Police Act or under the provisions of Licensing and Controlling of Places of Public Amusements Orders,1970,, in the interest of justice and equity. B) Pass such other order or directions as this Hon'ble High Court deems fit in the circumstances of the case in the interest of justice and equity including the award of costs in the interest of justice and equity.” 2. It is the case that the petitioner is a social club and in the 3rd week of December 2025, the local police authorities visited the petitioner Club and without any authority of law they are insisting that the petitioner should obtain license either under the Karnataka Police Act, 1963 or under the process of Licensing - 4 - HC-KAR NC: 2026:KHC-D:1032 WP No. 100535 of 2026 and Controlling of Places of Public Amusement Orders, 1970 from the Police Department for running the Club. 3. Learned counsel appearing for the petitioner submits that the petitioner Club is registered under the Karnataka Societies Registration Act and license under K.P. Act or Licensing and Controlling of Places of Public Amusement Orders, 1970 is not required as they are only running the indoor and outdoor games. In spite of the same, the respondents are interfering and imposing restrictions on the petitioner Club. It is submitted that in similar writ petitions i.e., 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. 4. Learned Additional Government Advocate appearing for the respondents submits that the respondents are not interfering with any of the activities of the petitioner. It is submitted that if any illegal activities are carried out, they have every liberty to visit the premises. - 5 - HC-KAR NC: 2026:KHC-D:1032 WP No. 100535 of 2026 5. Having heard the learned counsels on either side, perused the entire material on record. If the respondents want to take any action on any illegal activities, they have to follow the due procedure and 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. 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 - 6 - HC-KAR NC: 2026:KHC-D:1032 WP No. 100535 of 2026 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. 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. - 7 - HC-KAR NC: 2026:KHC-D:1032 WP No. 100535 of 2026 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.: 104