Allowed

King Recreation and Sports Association (R) v. the State of Karnataka

Karnataka HC15 Dec 2023WP/107440/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a recreation association seeking permissions to conduct skill-based indoor games like Rummy and Chess. The Court allowed the petition, permitting lawful recreational activities subject to conditions regarding CCTV installation, member identity cards, and prohibition of games of chance or betting, while directing police not to interfere with compl

What did the court decide?

The writ petition was disposed of permitting the petitioner club to carry on activities within its premises in a lawful manner subject to specific conditions regarding surveillance and prohibition of

King Recreation and Sports Association (R) Vs the… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC-D:14708 WP No. 107440 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15^TH DAY OF DECEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 107440 OF 2023 (GM-POLICE)

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BETWEEN:

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KINGS RECREATION AND SPORTS ASSOCIATION (R) 2^ND FLOOR, 209, HUBBALLI CENTRAL, NEAR VISHAL MEGHA MART, VIDYA NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580031. REPRESENTED BY ITS PRESIDENT, SHRI JEEVAN GOKAK, AGE: 22 YEARS, OCC: BUSINESS, R/O. MANOJ PARK, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580030.

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…PETITIONERS

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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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ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T

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

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DEPUTY COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, NAVANAGAR, TQ: & DIST: DHARWAD-580028.

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THE ASSISTANT COMMISSIONER OF POLICE, NEAR MINI VIDHAN SOUDHA, HUBBALLI, DIST: DHARWAD-580028.

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THE CIRCLE POLICE INSPECTOR, VIDYA NAGAR POLICE STATION, TQ: HUBBALLI, DIST: DHARWAD-580031.

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2 - NC: 2023:KHC-D:14708 WP No. 107440 of 2023

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THE POLICE SUB INSPECTOR, VIDYA NAGAR POLICE STATION, TQ: HUBBALLI, DIST: DHARWAD-580031.

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…RESPONDENTS

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(BY SRI. PRAVEEN K. UPPAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT, THE PETITIONER ASSOCIATION IS NOT REQUIRED TO OBTAIN ANY LICENSE/PERMISSION UNDER THE PROVISIONS OF KARNTAKA POLICE ACT OR LICENSE UNDER THE PROVISIONS OF THE LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC AMUSEMENT ORDER TO PLAY INDOOR GAMES SUCH AS RUMMY, CHESS, CAROM, BILLIARDS/ SNOOKER, VIDEO GAMES, ELECTRONIC AMUSEMENT GAMES, DICE GAMES SKILLED GAMES AND OTHER INDOOR AND OUTDOOR NON-GAMBLING GAMES FOR THE BENEFIT OF ALL ITS MEMBERS AND PROPOSED MEMBERS; ISSUE A WRIT OF MANDAMUS OR ANY OTHER DIRECTION/ORDERS TO THE RESPONDENT NO. 2 TO 6 DIRECTING NOT TO INSIST UPON THE PETITIONER ASSOCIATION TO OBTAIN A LICENSE FOR PLAYING SKILL GAMES LIKE CHESS, DART GAMES, RUMMY AND CAROM, VIDEO GAMES, ELECTRONIC AMUSEMENT GAMES, DICE GAMES (NON-GAMBLING) EITHER UNDER THE PROVISIONS OF KARNATAKA POLICE ACT-1960 OR UNDER THE LICENSING AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT ORDER OR PREVENT THE PETITIONER ASSOCIATION TO CONDUCT ITS LEGAL ACTIVITIES TO BE CARRIED ON BY THE MEMBERS AND PROPOSED MEMBERS OF THE PETITIONER ASSOCIATION TO CONDUCT ITS LEGAL ACTIVITIES TO BE CARRIED ON BY THE MEMBERS AND PROPOSED MEMBERS OF THE PETITIONER ASSOCIATION OFFICE SITUATED AT 2^ND FLOOR, 209, HUBBALLI, CENTRAL, NEAR VISHAL MEGHA MART, VIDYA NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580031.

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3 - NC: 2023:KHC-D:14708 WP No. 107440 of 2023

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

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ORDER

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The case of the petitioner is that it is running a recreation club and the respondents are without any reason interfering with the said club.

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It is further submitted that the petitioner – club has not indulged in any unlawful activities or permitting its members to carryout any unlawful activities in their premises and in a similar matter in W.P. No.41523/2019, the writ petition has been allowed. It is also submitted that the games permitted to be played in the petitioner – club are based on skill and not gambling.

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The advocate for the respondents – State has no objection to allow the writ petition in terms of the order passed in W.P. No.41523/2019. Hence, the writ petition is disposed off permitting the petitioner – club to carryon activities within its premises in a lawful manner subject to the following terms and conditions:

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(i) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of

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4 - NC: 2023:KHC-D:14708 WP No. 107440 of 2023

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access to its members and also at all the places, wherein game(s) is/are played by the members. The CC TV footage of atleast 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 permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Sections 2(14) and 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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(iv) The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any lawful 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

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NC: 2023:KHC-D:14708 WP No. 107440 of 2023

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them to take action against the petitioner and the offenders, in accordance with law.

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(v) 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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(vi) 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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(vii) 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 activities.

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RSH / Ct-mck List No.: 1 Sl No.: 17

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Sd/JUDGE

King Recreation and Sports Association (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

King Recreation and Sports Association (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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