Dismissed

M/S Girinagara Vihar Kendra v. State of Karnataka

Karnataka HC23 Nov 2023WP/24359/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the writ petition in the same terms as a previous coordinate judgment (The Media N. Members Club), allowing club operations subject to existing directives regarding CCTV and identity cards, while permitting ongoing police investigation into seized cash.

What did the court decide?

Court ordered that the petition be disposed of in the same terms as the judgment in The Media N. Members Club vs. State of Karnataka.

M/S Girinagara Vihar Kendra Vs State of… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:42256 WP No. 24359 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 24359 OF 2023 (GM-POLICE)

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BETWEEN:

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M/S GIRINAGARA VIHAR KENDRA NO.43, "SOWBHAGYA ARCADE", 2ND FLOOR, KATHRIGUPPE MAIN ROAD, BANASHANKARI 3RD STAGE, BANGALORE-560085 REP BY ITS SECRETARY SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960

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…PETITIONER

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(BY SRI. AJAY GOVINDARAJ, ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF HOME VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BANGALORE-560001.

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THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE-560001.

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CHENNAMANAKERE ACHUKATTU POLICE STATION 3RD CROSS, 8TH CROSS ROAD,

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NC: 2023:KHC:42256 WP No. 24359 of 2023

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BANASHANKARI, BANGALORE-560085 REP. BY SUB INSPECTOR

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…RESPONDENTS

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(BY SRI.MANJUNATH K., HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO LIFT THE CLOSURE AND ALLOW THE CLUB TO OPERATE IN ACCORDANCE WITH ITS BYE LAWS; DIRECT THE R3 TO RETURN THE AMOUNT ILLEGALLY SEIZED FROM THE MEMBERS OF THE CLUB; RESTRAIN THE POLICE FROM CAUSING FREQUENT HARASSMENT AND INTERFERENCE IN THE ACTIVITIES OF THE CLUB.

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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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Heard Sri. Ajay Govindaraj, learned counsel appearing for the petitioner and Sri. Manjunath K., the learned HCGP appearing for the respondents.

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The petitioner is before this Court, seeking for the following prayer:

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" PRAYER

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WHEREFORE, the petitioner prays that this Hon'ble Court be pleased to:

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a) A writ in the nature of Mandamus directing the 3rd respondent to lift the closure and allow the club to operate in accordance with its bye laws;

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3 - NC: 2023:KHC:42256 WP No. 24359 of 2023

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b) A writ in the nature of Mandamus directing the 3rd respondent to return the amount illegally seized from the members of the club.

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c) A writ in the nature of Mandamus to restrain the police from causing frequent harassment and interference in the activities of the club

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d) Pass such other orders as this Hon'ble Court deems fit in the interest and equity."

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The learned counsel appearing for the petitioner

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would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of

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M/S NAVARANG ASSOCIATION Vs. THE STATE OF

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KARNATAKA¹ , the Co-ordinate Bench has held as follows:

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" Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.

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2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (between The Media N. Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with 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

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1 W.P.No.38068/2015 disposed on 09.09.2015

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4 - NC: 2023:KHC:42256 WP No. 24359 of 2023

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all the places, wherein games(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.

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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 surveillances etc.

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(iii) The petitioner shall not allow any nonmember(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing 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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(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 game(s) played is 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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5 - NC: 2023:KHC:42256 WP No. 24359 of 2023

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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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This writ petition is also disposed of in the aforesaid terms."

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In the light of the issue standing covered by

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judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms.

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Learned HCGP at this juncture would submit that on a search conducted in a premises of the petitioner, Rs.63,200/cash was found, which was seized and after obtaining the permission of the learned Magistrate, Crime No.171/2023 for offences punishable under Sections 79 and 80 of IPC is registered.

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NC: 2023:KHC:42256 WP No. 24359 of 2023

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In the light of the crime pending investigation at the hands of the Investigating Officer, the aforesaid direction following the earlier orders passed by this Court will not come in the way of any investigation pending or its continuance.

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Ordered accordingly.

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Sd/JUDGE

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KG List No.: 1 Sl No.: 24

M/S Girinagara Vihar Kendra v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Girinagara Vihar Kendra v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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