Disposed

The Raibag Social Club and Kreeda Kendra v. the State of Karnataka

Karnataka HC20 Sept 2019WP/113856/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed by a social club seeking exemption from obtaining a license for skill games. The court held that the matter could be disposed of on the same terms as a previous writ petition (W.P.No.30071/2014), directing the club to install CCTV, issue ID cards, and refrain from activities involving gambling or chance.

What did the court decide?

The writ petition was disposed of on the same terms as W.P.No.30071/2014, directing the petitioner to install CCTV, issue ID cards, prohibit gambling activities, and ensuring police liberty to visit b

The Raibag Social Club and Kreeda Kendra Vs the State… — Property and Title | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION NO.113856/2019 (GM-POLICE)

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BETWEEN

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THE RAIBAG SOCIAL CLUB AND KREEDA KENDRA REPRESENTED BY ITS SECRETARY PRABHAKAR S/O.MANJUNATH PURANIK, AGE : 62 YEARS, OCC : AGRICULTURE, R/O:RAIBAG TQ: RAIBAG, DIST: BELAGAVI.

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..... PETITIONER

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(BY SRI SHIVARAJ P MUDHOL, ADV. & SRI ARAVIND D. BAGEWADI, ADV.)

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AND

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHAN SOUDHA, BANGALURU-1

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THE SUPERETENDENT OF POLICE, BELAGAVI, AT : BELGAVI TQ: BELAGAVI, DIST : BELAGAVI

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THE CIRCLE INSPECTOR OF POLICE, RAIBAG POLICE STATION,

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RAIBAG, AT : BELGAVI, TQ: BELAGAVI, DIST : BELAGAVI

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THE POLICE INSPECTOR, RAIBAG POLICE STATION, RAIBAG, AT : BELGAVI, TQ: BELAGAVI, DIST : BELAGAVI.

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..... RESPONDENTS (BY SRI V.S. KALASURMATH, H.C.G.P.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3 AND 4 NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING SKILL GAMES INDOOR GAMES LIKE CHESS, CAROM, RUMMY, TABLE TENNIES, LONG TENNIES BILLIARDS, BADMINTON AND OUTDOOR GAMES SUCH AS TENIS, TENNIQUITE ATHLETICS, CRICKET ETC. AND ISSUE A DIRECTION DIRECTING THE RESPONDENTS NO.3 AND 4 NOT TO INTERFERE WITH DAY TO DAY FUNCTION AND ACTIVITIES OF THE PETITIONER.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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Learned H.C.G.P. is directed to accept notice for the respondents.

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The petition has been filed by the recreation club which is stated to be conducting games of skill,

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promote cultural activities, organize adventure training activities under the name and style of ‘The Raibag Social Club and Kreeda Kendra. It is stated that the petitionerClub has offered facilities to its members for playing indoor as well outdoor games. It is submitted that the members of the petitioner-club utilize the facilities to play games involving skill. It is further stated that, there is no gambling or any other illegal activity being promoted by the petitioner-Club.

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The petitioner-Club has sought for issuance of writ of mandamus to direct the respondents No.3 and 4 not to insist upon the petitioner to obtain licence in light of the nature of activities of the petitioner and to issue a direction directing the respondents No.3 and 4 not to interfere with the day to day affairs and activities of the petitioner-Club.

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The counsel for the petitioner points out that

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the writ petitions involving similar factual matrix has been disposed off in W.P.No.30071/2014 by order dated 15.10.2014 , wherein the following directions have been passed:

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(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 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.

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(ii) 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.,

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(iii) The petitioner shall not allow any nonmember(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.

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(iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act 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.

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(v) 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 game(s) played is contrary to any law and in violation of the settle practice, it is open to them to take action against petitioner and the offenders, in accordance with law.

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(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.

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(vii) The respondents are directed not to interfere with the lawful recreational

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activities carried on by the members of the petitioner-Club/Association.

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(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 member(s) of the petitioner are found to have indulged in any unlawful or immoral activities.

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