Disposed

Akhila Karnataka Patrakarthara Kreeda Manoranjana Mattu Samskruthika Sangha v. the State of Karnataka

Karnataka HC19 Jun 2023WP/12449/2023

Case brief

AI extract

What is this about?

The Co-ordinate Bench of the High Court of Karnataka disposed of this writ petition filed by a recreation club. Relying on a prior order, the Court held that the club is not required to obtain a license under the Licensing and Controlling of Places of the Public Amusement Order since it restricts entry to its members only.

What did the court decide?

Respondents directed not to interfere with the petitioner's lawful activities; dismissal of the petition as covered by a coordinate bench's prior order.

Akhila Karnataka Patrakarthara Kreeda Manoranjana… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC:21090 WP No. 12449 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 12449 OF 2023 (GM-POLICE)

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BETWEEN:

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AKHILA KARNATAKA PATRAKARTHARA KREEDA MANORANJANA MATTU SAMSKRUTHIKA SANGHA, (REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATIONS ACT, 1960), NO. 290, 1^st STAGE, 6^th PHASE, WEST OF CHORD ROAD, BASAVESHWARANAGAR, BENGALURU - 560 079, REPRESENTED BY ITS SECRETARY, SRI. VIJAYA KUMAR, AGED ABOUT 56 YEARS.

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…PETITIONER

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(BY SRI. R. BHADRINATH, ADVOCATE)

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AND:

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU CITY, BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER OF POLICE, BENGALURU WEST DIVISION, BENGALURU - 560 015.

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THE ASSISTANT COMMISSIONER OF POLICE, VIJAYANAGAR SUB-DIVISION, OFFICE AT BASAVESHWARANAGARA, POLICE STATION BUILDING,

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NC: 2023:KHC:21090 WP No. 12449 of 2023

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BASAVESHWARANAGARA,

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BENGALURU - 560 079.

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THE INSPECTOR OF POLICE, BASAVESHWARANAGAR POLICE STATION, BENGALURU 560 079.

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THE ASSISTANT COMMISSIONER POLICE, CITY CRIME BRANCH, CHAMARAJAPET, BENGALURU - 560 018.

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THE INSPECTOR OF POLICE, CITY CRIME BRANCH, CHAMARAJAPET, BENGLAURU - 560 018.

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…RESPONDENTS

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(BY SRI. RASHMI PATEL, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 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 ALL ITS MEMBERS AND ETC.,

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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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Learned AGA is directed to take notice for respondent

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Nos.1 to 7.

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The present writ petition has filed seeking following

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prayers:-

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"i) To declare that the petitioner is not required to obtain any permission or license under the provisions of

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NC: 2023:KHC:21090 WP No. 12449 of 2023

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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 all its members;

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ii) To issue a writ of Mandamus directing the respondents not to insist upon the petitioner to obtain the license from the provisions of Licensing and Controlling of Places of the Public Amusement Order with the recreational activities to be carried on by the members of the petitioner association situated at No.290, 1^st stage, 6^th phase, west of chord road, Basaveshwaranagar, Bengaluru-560079 &;

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iii. To issue such other reliefs as it deems fit to grant in favour of the petitioner by this Hon'ble Court in view of the facts and circumstances of the cases, in the interest of justice."

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It is the case of the petitioner that the petitioner is an association is a recreation club registered under the Karnataka Societies Registrations Act, 1960 vide registration No.DRB/SOR/16/2023-24 dated 11.04.2023 and carrying on various recreational activities.

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Learned counsel for petitioner submits that relief sought for in the writ petition covered by the judgment of the

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NC: 2023:KHC:21090 WP No. 12449 of 2023

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Co-ordinate Bench of this Court vide order dated 25.11.2022 passed in WP No.22854/2022.

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Learned AGA appearing for the respondents has not disputed the submission of the counsel for petitioner that to relief sought for in this petition is covered by the order of the Co-ordinate Bench passed in WP No.22854/2022.

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In view of the insistence by the respondents to obtain permission or license under the Provisions of Licensing and Controlling of Places of the Public Amusement, the Coordinate Bench of this Court after noticing the relevant provisions and earlier judgments has at paragraphs 10 and 11 of the order, held as under:-

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"10:- In light of the catena of judgments stated supra and in view of sub-clause (14) ad (15) of Section 2 of the Karnataka Police Act, 1963 where the licencing of any place of the said order is required only when it is a place of public amusement or it is public entertainment.

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11:- In the present case, the club is an association for providing recreational activities to its members and the members of the public are not entitled to demand any entrance either freely or on payment of the any sum and the entry is restricted as per the terms of the byelaws to its members only. Therefore, in light of the settled proposition of law that it is not necessary

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NC: 2023:KHC:21090 WP No. 12449 of 2023

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to obtain any permission or licence for the purpose of carrying on recreational activities by any club or association as observed in the judgments stated supra, the respondent police authorities insisting upon the petitioner to get licence under the provisions of the Karnataka Police Act, is arbitrary and unreasonable and calls for interference. The authorities concerned should not act with a presumption that every society or association or club registered for the purpose of running the club will be indulging in unlawful activities and with the realization that the power of surveillance and raids is to be used in bona fide exercise of powers to enforce the provisions of the Act, however, it is open for the respondent-police authorities to verify and find out the nature of the activities, if need arises, so that the club premises may not be used for any illegal activities. Consequently, the respondents are directed not to interfere with the lawful activities of the petitioner's association."

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In view of the fact that the petitioner in this writ petition is an Association carrying on recreational activities, in the light of the judgment of the Co-ordinate Bench, the above writ petition is also liable to be disposed of by issuing similar direction.

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In view of the aforementioned, respondents are directed not to interfere with the lawful activities of the

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6 - NC: 2023:KHC:21090 WP No. 12449 of 2023

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petitioner-Association. However, it is open for the respondentPolice Authorities to verify and find out the nature of the activities, if need arise, so that the club premises may not be uses for any illegal activities.

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With the aforesaid directions, this writ petition is

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disposed of .

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Sd/JUDGE

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CPN

Akhila Karnataka Patrakarthara Kreeda Manoranjana Mattu Samskruthika Sangha v. the State of Karnataka

Case brief

What is this about?

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Akhila Karnataka Patrakarthara Kreeda Manoranjana Mattu Samskruthika Sangha v. the State of Karnataka

Case brief

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What did the court decide?

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