The High Court of Karnataka disposed of a writ petition filed by a registered recreation association seeking directions restraining police from interfering with their lawful activities and insisting on obtaining a license. The Court relied on a coordinate bench order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:42310 WP No. 25398 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25398 OF 2023 (GM-POLICE)
BETWEEN:
FRIENDS FAIREVER RECREATION ASSOCIATION SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, BYLAKUPPE HARANAHALLI HOBLI PIRIYAPATNA TALUK MYSORE DISTRICT – 571 104 REPRESENTED BY ITS SECRETARY DAWOOD M.A.,
…PETITIONER
(BY SRI. SHRIKANTA SHARMA, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:42310 WP No. 25398 of 2023
…RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE TO CARRY ON THE LAWFUL ACTIVITIES IN THE PREMISES OF THE PETITIONERS ASSOCIATION EITHER UNDER THE POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN CARRYING OUT LAWFUL ACTIVITIES SUCH AS RUMMY, CHESS, VOLLEYBALL, KHO-KHO, KABBADI, SNOOKER, BILLIARDS, CHESS, CARROM AND RECREATIONAL ACTIVITIES IN CONSONANCE WITH THE BYELAW OF THE PETITIONER ASSOCIATION.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondents-police to restrain from interfering with the activities of the petitioner-club.
NC: 2023:KHC:42310 WP No. 25398 of 2023
"3. 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 (The Media N Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions:
(i) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of access to its members and also at all the places, wherein games are
NC: 2023:KHC:42310 WP No. 25398 of 2023
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.
(ii) The petitioner shall issue identity cards to all its members, which shall be produced by the members, when called upon by the concerned police, during the raids, survelliance, etc.
(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 playing any kind of game(s) or recreational activities.
(iv) The petitioner shall not permit any activity by any of its members, by indulging in acts of amusement, falling within the definition of Sections 2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Sub-section (7) of Section 2 of the Act. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the game(s) played.
(v) The petitioner shall put proper mechanism in place and shall ensure that no games are played in any unlawful manner by the members. 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 them to take action against the petitioner and the offenders, in accordance with law.
(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.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association.
(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 members of the petitioner is/are found to have indulged in any unlawful or immoral activities.
NC: 2023:KHC:42310 WP No. 25398 of 2023
This writ petition is also disposed of in the aforesaid terms.”
In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court ( supra), on all its fours and on the same reasons, the petition stands disposed.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 32
2 issues framed by the court
Whether the petitioners club can carry on recreational activities without obtaining a police license under the Police Act or Licensing and Controlling of Places of Public Amusement Order.
Whether the respondents police are directed to restrain from interfering with the lawful activities of the petitioner club.
Colour shows how this judgement treated each authority
Coordinate Bench orderFollowed¶30
W.P.No.12241/2018 disposed on 27.03.2018
The Media N Members Club vs. State of Karnataka and OthersFollowed¶31
W.P.No.30071/2014 dated 15.10.2014
Friends Fairever Recreation Association Society Represented by Dawood M.A.
Superintendent of Police Mysore District
Deputy Superintendent of Police Hunsur
Circle Inspector of Police Bylakuppa
Sub Inspector of Police Bylakuppa
The State of Karnataka
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
