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2026 DAILYLAW 8690 (KAR)

GOLDEN RECREATION CLUB (R) v. THE STATE OF KARNATAKA

WP/36204/2024 · 2026-03-18

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16747 WP No. 36204 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 36204 OF 2024 (GM-POLICE) BETWEEN: GOLDEN RECREATION CLUB (R), (SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960), DOOR NO.3-20/4/2, UJIRE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. REPRESENTED BY ITS PRESIDENT SRI. VACHAN G SHETTY, S/O U. GANESHA SHETTY. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER OF POLICE, MANGALORE, NEAR POLICE TRAINING SCHOOL, PANDESHWARA, MANGALURU - 575 001. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16747 WP No. 36204 of 2024 3. THE SUPERINTENDENT OF POLICE, DAKSHINA KANNADA DISTRICT, MANGALORE - 576 101. 4. THE ADDITIONAL SUPERINTENDENT OF POLICE, DAKSHINA KANNADA DISTRICT, MANGALORE - 576 101. 5. THE DEPUTY SUPERINTENDNT OF POLICE, BANTWAL DIVISION (LAW AND ORDER), DAKSHINA KANNADA - 574 153. 6. THE INSPECTOR OF POLICE, BELATHANGADY POLICE STATION, D.K. DISTRICT - 574 214. 7. THE SUB INSEPCTOR OF POLICE, UJJIRE POLICE STATION, BELTHANGADY TALUK, D.K. DISTRICT - 576 101. …RESPONDENTS (BY SRI.K.P.YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO NOT INTERFERE WITH RECREATIONAL AND OTHER LAWFUL ACTIVITIES OF THE PETITIONER RECREATIONAL CLUB AND TO FOLLOW THE DIRECTIONS AND GUIDELINES LAID DOWN BY THIS HONBLE COURT BY CONSIDERING THE REPRESENTATION DATED 22- 10-2024 (PRODUCED AT ANNEXURE-A) MADE TO THE RESPONDENT AUTHORITIES BY THE PETITIONER HEREIN. - 3 - HC-KAR NC: 2026:KHC:16747 WP No. 36204 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner – a Registered Recreation Association – has approached this Court under Article 226 and 227 of the Constitution of India seeking a writ of mandamus against the 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 Snooker, Rummy, Chess, ping-pong and other board/card games conducted by the association, 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. The petitioner asserts that the Association has been - 4 - HC-KAR NC: 2026:KHC:16747 WP No. 36204 of 2024 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/Police is repeatedly visiting the premises of the Association without any justifiable cause and is interfering with the peaceful conduct of indoor recreational activities. It is alleged that such interference has not only disrupted the functioning of the Association but has also resulted in intimidation and threats to discontinue the activities of the Association. 4. Learned counsel appearing for the petitioner places reliance on the judgment of this Court in W.P. No.21010/2023, wherein, 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. - 5 - HC-KAR NC: 2026:KHC:16747 WP No. 36204 of 2024 5. In the light of the principles laid down by the Hon’ble Division Bench and the consistent view taken by this Court 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 - 6 - HC-KAR NC: 2026:KHC:16747 WP No. 36204 of 2024 Karnataka Police Act, 1963 and shall not permit any game(s) of chance as per Explanation (II) of Sub-section (7) of 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. - 7 - HC-KAR NC: 2026:KHC:16747 WP No. 36204 of 2024 f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association. 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 BVK List No.: 3 Sl No.: 2