Disposed

Shree Lakshmivenkateshwara Sports and Recreation Association v. the State of Karnataka

Karnataka HC19 Oct 2023WP/23279/2023

Case brief

AI extract

What is this about?

High Court of Karnataka in WP No. 23279 of 2023 relied on a 2017 order in W.P. No.21211/2017 to dispose of a writ petition. The court directed respondents not to insist upon the petitioner to obtain a license for playing specific games of skill at its premises under the relevant Acts, without interrogating specific merits.

What did the court decide?

Respondents directed not to insist upon petitioner to obtain license for playing games of skill in its premises; petitioner directed to adhere to specific safety and conduct conditions.

Shree Lakshmivenkateshwara Sports and… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:37736 WP No. 23279 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 OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 23279 OF 2023 (GM-POLICE)

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BETWEEN:

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SHREE LAKSHMIVENKATESHWARA SPORTS AND RECREATION ASSOCIATION REPRESENTED BY ITS SECRETARY ANIL KUMAR D R AGED ABOUT 48 YEARS R/AT DOMMATHAMARI VILLAGE AND POST KASABA HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT - 561202 (REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960)

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…PETITIONER

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(BY SRI. MANJUNATH M R., ADVOCATE)

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AND:

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF HOME BY ITS SECRETARY TO GOVT, M.S. BUILDING, BENGALURU – 560001

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THE DISTRICT POLICE COMMISSIONER TUMKUR DISTRICT TUMKUR – 572101

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THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT TUMKUR – 572101

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THE INSPECTOR OF POLICE PAVAGADA POLICE STATION TUMKUR - 561202

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…RESPONDENTS

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(BY SRI. MANJUNATH R, HCGP)

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NC: 2023:KHC:37736 WP No. 23279 of 2023

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING GAMES OF SKILL GAME, CHESS, CAROM, CARDS (RUMMY), TABLE TENNIS, POKER, MAHJONG, SUDKO, JOKER BONUS, BRIDGE, CHINESE CHECKER, FANTASTIC III PLAYED WITH 3 DICE, DICE BALL, DART GAMES, ELECTRONIC / COMPUTER POKER GAME, TABLE TENNIS, CARDS, VIDEO GAMES, POKER, SNOOKER, POOL GAME BILLIARDS, PING PONG, JOKER BONUS GAMES AND OTHER INDOOR AND OUTDOOR GAMES ETC., IN THE PETITIONER SCHEDULE PROPERTY, EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF PUBLIC AMUSEMENT ORDER 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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The present writ petition is filed seeking for the following

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reliefs:

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“a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents not to insist upon the petitioner to obtain license for playing games of skill game, chess, carom, cards (rummy), table tennis, poker, Mahjong, Sudko, Joker Bonus, Bridge, Chinese Checker, fantastice III played with 3 dice, dice ball, dart games, electronic/computer poker game, table tennis, cards, video games, poker, snooker, pool game billiards, ping pong, joker bonus games, and other indoor and outdoor games, etc., in the petitioner schedule property, either under the Karnataka Police Act or under the Licensing and controlling of public amusement order.

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b. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction declaring that the petitioner association is not required to obtain a license under the Licensing and controlling of public amusement order or under the Karnataka Police Act.

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C. Issue a writ in the nature of Mandamus or any other writ, order or direction declaring that the action of the

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3 - NC: 2023:KHC:37736 WP No. 23279 of 2023

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respondents in interfering with the recreation activity in the schedule premises is highly arbitrary and illegal.

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d. Grant such other relief that this Hon’ble Court may deem fit in the facts and circumstances of the case.”

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Learned counsel for the petitioner submits that in a

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similar matter i.e., in W.P. No.21211/2017, this Court vide its orders dated 11.05.2017, which is produced as Annexure-D to

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the writ petition has granted the reliefs by issuing the following directions:

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“(i) 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 atleast 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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(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 police, during the raid(s) and 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 the purpose of plying 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 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) 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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4 - NC: 2023:KHC:37736 WP No. 23279 of 2023

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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 police find that any of the game(s) played in contrary to any law and in violation of the settled practice, it is open to them to take action against 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 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 – 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 are found to have indulged in any unlawful or immoral activities.”

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In view of the aforementioned, the present writ

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petition is also disposed of by issuing directions as noticed in at

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para No.2 (i) to (viii) hereinabove.

Ordered accordingly.

SD/JUDGE

List No.: 1 Sl No.: 97

Shree Lakshmivenkateshwara Sports and Recreation Association v. the State of Karnataka

Case brief

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Shree Lakshmivenkateshwara Sports and Recreation Association v. the State of Karnataka

Case brief

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