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Bhoomika Friends Recreation Club (R) v. the State of Karnataka

Karnataka HC26 Feb 2020WP/144834/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking non-interference regarding licensing for literary and cultural activities. The court directed the petitioner to install CCTV, issue ID cards, ban games of chance, and ensure no profit from games, while restraining the respondents from interfering with lawful recreational activities unless unlawful acts are proven.

What did the court decide?

Directed respondents not to insist on license for literary/cultural activities subject to installation of CCTV, issuance of ID cards, prohibition of games of chance/profit, and periodic police visits;

Bhoomika Friends Recreation Club (R) Vs the State… — Service and Employment | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF FEBRUARY, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION NO.144834/2020 (GM-POLICE)

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BETWEEN:

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BHOOMIKA FRIENDS RECREATION CLUB (R) AT: N.H.66, KALBANDI, BELKE, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, REPRESENTED BY ITS PRESIDENT, SRI.MADEV S/O GOVINDA NAIK, AGE: 37 YEARS, OCC: BUSINESS, R/O: KALBANDI, BELKE, POST: BELKE-581320, TQ: BHATKAL, DIST: UTTARA KANNADA. ... PETITIONER

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(BY SRI. GANAPATI M BHAT, ADV)

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AND

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THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.

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THE SUPERINTENDENT OF POLICE UTTARA KANNADA DISTRICT, KARWAR-581301.

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THE DEPUTY SUPERINTENDENT OF POLICE UTTARA KANNADA DISTRICT, KARWAR-581301.

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THE CIRCLE INSPECTOR OF POLICE RURAL POLICE STATION, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA-581320.

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THE SUB-INSPECTOR OF POLICE RURAL POLICE STATION, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA-A581320. ... RESPONDENTS

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(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS HEREIN NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR THE LITERARY ACTIVITIES AND CULTURAL ACTIVITIES IN THE PETITIONER'S SCHEDULE PREMISES EITHER UNDER THE KARNATAKA POLICE ACT, 1963 OR UNDER THE LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER, 1970.

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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 Additional Government Advocate accepts notice for the respondents.

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Heard the learned counsel for the petitioner

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and the learned Additional Government Advocate.

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The petitioner is before this Court praying for issuance of a writ of mandamus thereby directing the respondents not to insist upon the petitioner to obtain license for the literary activities and cultural activities in the premises of the petitioner Bhoomika Friends Recreation Club either under the Karnataka Police Act, 1963 or under the Licensing and Controlling of the Places of Public Amusement Order.

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Learned counsel for the petitioner would submit that, this Court in similar matters was pleased to dispose of the writ petitions granting the relief.

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5. Learned Additional Government Advocate

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would submit that the writ petition could be disposed of

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in terms of the order passed by this Court on 28.11.2018 in W.P.No.50923/2018.

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The submission of the learned Additional Government Advocate is placed on record. If any illegal or unlawful activities are conducted or carried on in the petitioner’s premises, it is always open for the respondents to initiate such action as permitted under law.

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The learned counsel for the petitioner has brought to the notice of this Court a judgment passed by the Division Bench of this Court at Kalaburgi, in W.A.No.20090/2015 in the case of D.V.R. Recreation

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Club Vs State of Karnataka , disposed of on 27.06.2016 and further order issued on a review petition in the same matter on 19.10.2016. In view of the subsequent directions issued by the Hon’ble Division Bench, the

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present writ petition is disposed of with the following directions:

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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.

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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.

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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 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)

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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.

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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.

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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.

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f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association.

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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.

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Ordered accordingly.

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Sd/JUDGE

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Bhoomika Friends Recreation Club (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Bhoomika Friends Recreation Club (R) v. the State of Karnataka

Case brief

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What did the court decide?

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