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2026 DAILYLAW 5803 (KAR)

THE GENTLEMENS CLUB GOKAK v. THE STATE OF KARNATAKA

WP/100767/2026 · 2026-02-12

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2169 WP No. 100767 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100767 OF 2026 (GM-POLICE) BETWEEN: THE GENTLEMEN’S CLUB, GOKAK PROPERTY SY. NO.90/1, POST. GOKAK-591307 TQ. GOKAK, DIST. BELAGAVI REPRESENTED BY ITS PRESIDENT, ASHOK S/O. SIDDALINGAPPA SAYANNAVAR, AGE. 50 YEARS, OCC. SOCIAL WORK, R/O. GOVERNMENT HOSPITAL OPP, GOKAK, TQ. GOKAK, DIST. BELAGAVI-591307. …PETITIONER (BY MISS SHRADDHA R.JADHAV, ADVOCATE FOR SRI. PRASHANT S.KADADEVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-01. 2. SUPERINTENDENT OF POLICE, BELAGAVI DISTRICT, BELAGAVI-590001. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.18 10:45:03 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2169 WP No. 100767 of 2026 3. POLICE INSPECTOR, GOKAK-591307, DIST. BELAGAVI. 4. POLICE SUB-INSPECTOR, GOKAK-591307, DIST. BELAGAVI. …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) ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER OBTAINING A LICENSE FOR THE PLAY OF CAROM, CHESS, RUMMY, ETC., IN ITS PREMISES UNDER THE KARNATAKA POLICE ACT OR THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER, IN THE INTEREST OF JUSTICE AND EQUITY. B) GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:2169 WP No. 100767 of 2026 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking for the following prayer: “a) Issue a Writ of Mandamus, or any other appropriate writ, order, or direction, directing the Respondents not to insist upon the Petitioner obtaining a license for the play of Carom, Chess, Rummy, etc., in its premises under the Karnataka Police Act or the Licensing and Controlling of Places of Public Amusement Order, in the interest of justice and equity. b) Grant such other reliefs as this Honble Court deems fit under the circumstances of the case.” 2. It is the case of the petitioner that, the petitioner is a registered Club which is formed for the purpose of providing entertainment to its members including the equipment and guidance for sports and playing games like carom, chess, rummy, snooker, etc. The games which the petitioner/ Club is conducting are games of strength and do not endanger human life and they are not games of chance. It is the case of the petitioner that, the respondent Nos.3 and 4 are insisting that the petitioner secured a license from the authorities for playing games on the ground with the skill games or games of chance. It is a case of the petitioner - 4 - HC-KAR NC: 2026:KHC-D:2169 WP No. 100767 of 2026 that the police have no authority to interfere with the activities of the Club. 3. Learned Additional Government Advocate appearing on behalf of the respondents submits that the respondent/police are not interfering with the activities of the Club. However, he does not dispute the fact that, in similar cases, this Court and Co-ordinate Benches have passed several orders. 4. Having heard the learned counsel appearing for the petitioner and learned AGA appearing for the respondents, this Court is passing the following: 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 - 5 - HC-KAR NC: 2026:KHC-D:2169 WP No. 100767 of 2026 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. vi. The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any - 6 - HC-KAR NC: 2026:KHC-D:2169 WP No. 100767 of 2026 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. 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 RH CT: UMD List No.: 1 Sl No.: 8