Allowed

Alfa Recreation and Association v. the State of Karnataka

Karnataka HC8 Jun 2022WP/101993/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking a direction not to insist on obtaining a license for skill games. The court relied on a previous judgment and allowed the petition, directing the petitioner to install CCTV cameras, issue ID cards to members, restrict access to members only, and prohibit games of chance or those played with stakes.

What did the court decide?

Direction to install CCTV, issue ID cards, restrict access to members, prohibit games of chance/stakes, and maintain lawful recreational activities without license interference.

Alfa Recreation and Association Vs the… — Pension and Retirement Benefits | Karnataka HC (2022)

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WP No. 101993 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 08TH DAY OF JUNE, 2022

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BEFORE

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THE HON'BLE MR JUSTICE R.DEVDAS

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WRIT PETITION NO. 101993 OF 2022 (GM-POLICE)

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BETWEEN:

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ALFA RECREATION AND ASSOCIATION VIDYA NAGAR HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580031

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REPRESENTED BY ITS PRESIDENT SHRI. FAKKIRAGOUDA C PATIL AGE. 40 YEARS, OCC. BUSINESS, R/O. UDIKERI, TQ. HUBBALLI, DIST. DHARWAD

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…PETITIONER

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(BY SRI. NAGARAJ J. APPANNANAVAR.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA, DR. B R AMBEDKAR VIDHI, BENGALURU-560001

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VINAYAKAB V Digitallysigned byVINAYAKAB VLocation:DharwadDate:2022.06.1010:01:45+0530

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THE COMMISSIONER OF POLICE NAVANAGAR, HUBBALLI, DIST. DHARWAD-580028

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DEPUTY COMMISSIONER OF POLICE COURT CIRCLE, HUBBALLI, DIST. DHARWAD-580028

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C. P. I VIDYANAGAR POLICE STATION HUBBALLI, DIST. DHARWAD-580028

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P.S.I VIDYANAGAR POLICE STATION HUBBALLI, DIST. DHARWAD-580028

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…RESPONDENTS

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WP No. 101993 of 2022

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(BY SRI.SHIVAPRABHU S.HIREMATH AGA FOR RESPONDENTS)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER DIRECTION/ORDERS TO THE RESPONDENTS 4 AND 5 DIRECTING NOT TO INSIST UPON THE PETITIONER ASSOCIATION TO OBTAIN A LICENSE UNDER THE PROVISIONS OF KARNATAKA POLICE ACT OR PREVENT THE PETITIONER ASSOCIATION TO CONDUCT ITS LEGAL ACTIVITIES.

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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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R.DEVDAS J., (ORAL):

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Petitioner has filed this writ petition seeking for a direction to respondents not to insist upon them to obtain license for playing skill games like Chess, Carom & Rummy either under the Karnataka Police Act or under the Licensing and Controlling of the Place of Amusement Order.

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Learned counsel for the parties would submit that the issue involved in this writ petition is squarely covered by the order dated 22.02.2016 passed in WP

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No.101799/2016 (GM-Police) Srimanth

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WP No. 101993 of 2022

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Ramchandrarao Appasaheb Club, Jamakhandi vs.

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State of Karnataka.

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In view of the aforesaid submissions and in the

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light of the decision in WP.No.101799/2016 (GM-Police) and with a view to maintain parity, writ petition is disposed of with following directions:

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(i) The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CCTV footages 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.

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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 concerned police, during the raid(s), surveillance, etc.

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(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

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WP No. 101993 of 2022

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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 Sections 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 jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to taken action against the 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

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WP No. 101993 of 2022

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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 activities carried on by the members of the petitioner’s-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 is/are found to have indulged in any unlawful or immoral activities.

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No order as to costs.

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SD JUDGE

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MBS/-

Alfa Recreation and Association v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Alfa Recreation and Association v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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