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2026 DAILYLAW 701 (KAR)

VIJAY ASSOCIATION (REGD) v. THE STATE OF KARNATAKA

WP/1970/2026 · 2026-03-13

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15480 WP No. 1970 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1970 OF 2026 (GM-POLICE) BETWEEN: VIJAY ASSOCIATION (REGD) GROUND FLOOR, NO. 10 AND 11, 5TH AVENUE, BRIGADE ROAD, BANGALORE ZONE 2, SHANTHINAGAR, BENGALURU 560001 (REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT REP. BY ITS PRESIDENT SR. BN ANAND, S/O LATE NANJUNDAIAH R AGAD ABOUT 57 YEARS R/AL, NO. F-04, F BLOCK, CHITRAKUTA CENTURY, SAHAKARA NAGAR POST, BENGALURU-92 …PETITIONER (BY SRI. K. RAMA SINGH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT DR. AMBEDKAR VEEDHI, VIDHANA SOUDHA BANGALORE-560001 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15480 WP No. 1970 of 2026 2. COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE-560051 3. DEPUTY COMMISSIONER OF POLICE CITY CRIME BRANCH, BENGALORE-560079 4. POLICE INSPECTOR, CUBBON PARK POLICE STATION, BENGALORE-560001 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR IN THE NATURE THEREOF OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR THE PLAY OF SKILL GAMES SUCH AS CHESS, CAROM, TABLE TENNIS, RUMMY, POINT RUMMY, JACKPOT AND BEST OF SEVEN AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICES AND ETC. IN THE PREMISES OF CLUB BEING RUN UNDER THE NAME AND STYLE OF VIJAY ASSOCIATION (REGD), SITUATED AT NO. 10 AND 11, GROUND FLOOR, 5TH AVENUE, BRIGADE ROAD, BANGALORE ZONE 2, SHANTHINAGAR, BENGALURU-560001 EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN THE PLAY OF SKILL ORIENTED GAMES AS MENTIONED ABOVE IN THE PETITIONERS CLUB PREMISES. B. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE IN THE LAWFUL ACTIVITIES OF PETITIONERS CLUB. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15480 WP No. 1970 of 2026 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner – a Registered Recreation Association has approached this Court under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus against 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 Carom, Chess, Snooker and etc., conducted in the name and style of Vijay Association (Regd), 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 Societies Registration Act, 1960 having been registered before the Registrar of Societies vide Registration No.DRB2/SOR/150/2025-2026 dated 08.01.2026. The petitioner asserts that the Association - 4 - HC-KAR NC: 2026:KHC:15480 WP No. 1970 of 2026 has been established exclusively for recreational purposes and is functioning strictly in accordance with its bye-laws. 3. The grievance projected in the writ petition is that respondents – the jurisdictional Police Officers are repeatedly visiting the premises of the Association without any justifiable cause and are interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Club 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. In the light of the principles laid down by the Hon’ble Division Bench and the consistent view taken by this Court - 5 - HC-KAR NC: 2026:KHC:15480 WP No. 1970 of 2026 in subsequent matters, the present writ petition is disposed of with the following directions:- 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 days’ 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 - 6 - HC-KAR NC: 2026:KHC:15480 WP No. 1970 of 2026 Section 2 of Karnataka Police Act, 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or 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 petitioner’s premises. f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association. - 7 - HC-KAR NC: 2026:KHC:15480 WP No. 1970 of 2026 g. 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 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.: 2 Sl No.: 73