Dismissed

Raghavendra Recreation Club (R) v. State of Karnataka

Karnataka HC11 Jan 2022WP/307/2022

Case brief

AI extract

What is this about?

This coordinate bench disposed of a writ petition seeking quashing of a notice requiring a license to play indoor games. The court granted relief based on a previous judgment in a similar case by the Same Court, exercising its writ jurisdiction under Article 226.

What did the court decide?

Impugned notice quashed; petitioner granted liberty to play indoor games without license subject to police conditions and COVID regulations.

Raghavendra Recreation Club (R) Vs State of Karnataka — Service and Employment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 11^TH DAY OF JANUARY, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.307 OF 2022 (GM-POLICE)

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BETWEEN:

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RAGHAVENDRA RECREATION CLUB (R), APEKSHA COMPLEX, MULLIKATTE, HOISADU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 247. REP BY ITS SECRETARY SRI RITHESH PAI S/O BHASKAR PAI AGED ABOUT 33 YEARS

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...PETITIONER

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(BY SRI. JAYANTHA POOJARY, ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA, BANGALORE-560 001. REP BY ITS HOME SECRETARY.

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DIRECTOR GENERAL AND INSPECTOR, GENERAL OF POLICE, STATE OF KARNATAKA, NRUPATHUNGA ROAD, BANGLAORE-560 001.

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SUPERINTENDENT OF POLICE, UDUPI, UDUPI DISTRICT-576 101.

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STATION HOUSE OFFICER GANGOLLI POLICE STATION, KOLLUR KUNDAPUR ROAD NEAR SHRI MOOKAMBIKA TEMPLE KUNDAPUR TALUK, KOLLUR, KARNATAKA-576 220.

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… RESPONDENTS

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(BY SRI. VINOD KUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PETITIONER IS NOT REQUIRED TO OBTAIN ANY PERMISSION OR LICENSE UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER TO PLAY INDOOR GAMES SUCH AS RUMMY (CARD GAME), CHESS, CAROM, BILLIARDS/SNOOKER, SKILLED GAMES AND OTHER INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF ITS MEMBERS AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:-

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ORDER

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The subject matter of this writ petition is

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substantially similar to the one in W.P.No.3286/2020 (GMPOLICE) between SNEHA BALAGA RECREATION CLUB

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(R) Vs. THE SUPERRINTENDENT OF POLICE &

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OTHERS , disposed off by a Coordinate Bench of this Court on 20.02.2020.

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Learned AGA is more than justified in submitting that in addition to conditions stipulated in the cognate judgment, the petitioner has to abide by the COVID – 19 & Omicron related regulations/restrictions; and the petitioner agrees to the same.

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The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS

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COMMISSIONER & SECRETARY , disposed off on

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11.12.1974, has held that the Court should treat the likecases alike and if relief is granted to a litigant, it has to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances.

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In view of the above, this writ petition is disposed off granting relief to the petitioner in terms of the cognate judgment mentioned above; impugned notice is quashed with liberty to the police to take action in the event any of the conditions, including the COVID-19 related ones are violated.

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All contentions are kept open.

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No costs.

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Sd/JUDGE

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Bsv

Raghavendra Recreation Club (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Raghavendra Recreation Club (R) v. State of Karnataka

Case brief

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