Allowed

Maruthi Sports and Cultural Trust v. the State of Karnataka

Karnataka HC19 Oct 2023WP/23364/2023

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the State and police not to interfere with the petitioner trust's indoor games, issuing directions for CCTV surveillance, identity cards, and prohibition of games of chance while allowing skill-based games.

What did the court decide?

Direct the respondents not to interfere with the petitioner's lawful indoor game activities subject to compliance with specified conditions regarding surveillance and prohibition of games of chance.

Maruthi Sports and Cultural Trust Vs the State of… — Service and Employment | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:37710 WP No. 23364 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 19^TH DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 23364 OF 2023 (GM-POLICE)

¶6

BETWEEN:

¶7

MARUTHI SPORTS AND CULTURAL TRUST SITUATED AT KADABA VILLAGE KADABA HOBLI GUBBI TALUK TUMAKURU DISTRICT-572216 REP BY ITS PRESIDENT SRI MARUTHI RAO B G S/O SRI GOVINDARAO AGED ABOUT 48 YEARS

¶8

…PETITIONER

¶9

(BY SRI. JNANESH KUMAR K., ADVOCATE)

¶10

AND:

¶11

THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA

¶12

BENGALURU-01

¶13

Digitally BENGALURU-01 signed by BHARATHI S 2. THE SUPERINTENDENT OF POLICE Location: HIGH COURT B H ROAD OF KARNATAKA ASHOKA NAGAR TUMAKURU CITY-572103

¶14

THE CIRCLE INSPECTOR OF POLICE GUBBI CIRCLE, VIVEKANANDA ROAD GUBBI-572216

¶15

THE SUB INSPECTOR OF POLICE GUBBI POLICE STATION GUBBI-572216

¶16

…RESPONDENTS

¶17

(BY SRI. MANJUNATH K, HCGP FOR RESPONDENT/STATE)

¶18

2 - NC: 2023:KHC:37710 WP No. 23364 of 2023

¶19

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE BUSINESS CARRIED ON BY THE PETITIONER I.E. MARUTHI SPORTS AND CULTURAL TRUST FOR PLAYING INDOOR GAMES SUCH AS CHESS, UNO CARDS, LUDO DART BOARD, CAROM BOARD, SNOOKER AND SKILL GAME LIKE RUMMY ETC., IN A LEASED PREMISES SITUATED AT KADABA, GUBBI TALUK, TUMAKUR DISTRICT AND ETC.

¶20

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

¶21

ORDER

¶22

The present writ petition is filed seeking for the following

¶23

reliefs:

¶24

“1) Issue a writ of mandamus, directing the Respondents not to interfere with the business carried on by the Petitioner i.e., 'Maruthi Sports and Cultural Trust' for playing indoor games such as Chess, Uno Cards, Ludo Dart Board, Carom Board, Snooker and Skill game like Rummy, etc., in a leased premises situated at Kadaba, Gubbi Taluk, Tumakur District.

¶25

2) Grant such other and further relief as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”

¶26

Learned counsel for the petitioner submits that in similar

¶27

matters i.e., in W.P. Nos.56678/2014 and 20365/2023, this

¶28

Court vide its orders dated 15.12.2014 and 27.09.2023 which orders have been produced as Annexures-B and C respectively

¶29

3 - NC: 2023:KHC:37710 WP No. 23364 of 2023

¶30

this Court have granted the reliefs by issuing the following directions:

¶31

“a. 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 at least prior 15 days’ period shall be made available by the petitioner, to the police, as and when called upon to do so.

¶32

b. 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.

¶33

c. 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, except games of skills.

¶34

d. 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 is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner and the offenders, in accordance with law.

¶35

e. 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.

¶36

f. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club/Association.

¶37

4 - NC: 2023:KHC:37710 WP No. 23364 of 2023

¶38

g. 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.”

¶39

3. In view of the aforementioned, the present writ

¶40

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

¶41

para No.2 (a) to (g) hereinabove.

Ordered accordingly.

SD/JUDGE

List No.: 1 Sl No.: 39

Maruthi Sports and Cultural Trust v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Maruthi Sports and Cultural Trust v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Padma W/O Pradeep Kesarkar Vs Smt. Priyanka D/O Pradeep Kesarkar Alias Smt Priyanka W/O Shivaraj Netrekar

Smt. Sharavva W/O Fakkirayya Mahantimath Vs Smt. Channabasamma W/O Kuberagouda Patil

E. Shrinivasulu S/O Enthru Thimmappa Vs Enthur Thimmappa S/O Late Venkatappa

Sri. Dyamesh Vs the State of Karnataka

Mr Arthur J Pereira Vs Mr Jagdish Alias Jagadish Devadiga

Shree Lakshmivenkateshwara Sports and Recreation Association Vs the State of Karnataka