Allowed

M/S. Tilt Room - 2 v. the State of Karnataka

Karnataka HC27 Nov 2023WP/26378/2023

Case brief

AI extract

What is this about?

A recreational society approached the High Court seeking a writ of mandamus directing police authorities to consider its representation and refrain from interfering with its lawful activities, citing compliance with previous court orders.

What did the court decide?

Writ petition allowed; mandamus issued to respondents to consider representation dated 06.11.2023 and pass order within four weeks; restrained from interfering with lawful activities subject to compli

M/S. Tilt Room - 2 Vs the State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:42798 WP No. 26378 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.26378 OF 2023 (GM-POLICE)

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BETWEEN:

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M/S. TILT ROOM - 2 A SOCIETY REGISTERED UNDER THE PROVISIONS OF SOCIETIES REGISTRATION ACT, 1960, HAVING ITS REGISTERED OFFICE AT NO. 19, 1^ST CROSS, 4^TH MAIN ROAD, CHAMRAJPET, BENGALURU – 560 018, REPRESENTED BY ITS SECRETARY SRI. RAKESH

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…PETITIONER

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(BY SRI. MANJUNATH H., ADVOCATE)

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

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE COMMISSIONER OF POLICE OFFICE OF COMMISSIONER OF POLICE, NO.1, INFANTRY ROAD,

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NC: 2023:KHC:42798 WP No. 26378 of 2023

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BENGALURU – 560 001.

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THE DEPUTY COMMISSIONER OF POLICE - 1 OFFICE OF THE COMMISSIONER OF POLICE, NO.1, INFANTRY ROAD, BENGALURU – 560 001.

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THE DEPUTY COMMISSIONER OF POLICE OFFICE OF THE DEPUTY COMMISSIONER OF POLICE, SOUTH END CIRCLE, BASAVANAGUDI, BENGALURU – 560 004.

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THE STATION HOUSE OFFICER V.V. PURAM POLICE STATION, TIPPU SULTAN PALACE ROAD, KALASIPALYAM, BENGALURU – 560 002.

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…RESPONDENTS

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(BY SRI.KIRAN KUMAR, HCGP.)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO: a) DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER ON 06/11/2023, PRODUCED AS PER ANNEXURE-A. b) CONSEQUENTLY, ALLOW THE PETITIONER TO CARRY LAWFUL BUSINESS IN ACCORDANCE WITH LAW.

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

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3 - NC: 2023:KHC:42798 WP No. 26378 of 2023

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ORDER

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The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondents-police to consider the representation dated 06.11.2023, to restrain from interfering with the activities of the petitioner - recreational society.

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Heard Sri H. Manjunath, learned counsel for the petitioner and Sri Kiran Kumar, learned High Court Government Pleader for the respondents.

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Learned counsel appearing for the petitioner

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submits that the petitioner – recreational society is registered on 12.05.2023 and since then, it has not undertaken any such illegal activity for interference by the respondents. He would also submit that the issue is covered by several judgments rendered by the co-ordinate benches of this Court and also in the case of the very petitioner in W.P.No.20532/2023. A coordinate bench of this Court in W.P.No.20532/2023 by following the order passed in W.P.No.30071/2014 disposed on

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15.10.2014, directed the petitioner to follow certain terms and conditions in the recreational society, in terms of the order dated 20.09.2023. Though the petitioner – recreational society

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is abiding with the terms and conditions as directed by this Court, the respondents - police are interfering with the activities of the petitioner, which is contrary to law. Though the petitioner has submitted a representation in this regard, the same being unheeded by the respondents, the petitioner is before this Court.

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In the peculiar facts and circumstances of this case, I deem it appropriate to refer to the order passed by the Coordinate Bench of this Court in W.P.No.20532/2023, disposed on 20.09.2023, which concerns the very petitioner reads as follows:

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" 6. The learned counsel for the petitioner has brought to the notice of this Court a judgment passed by the Division Bench of this Court at Kalaburagi, in W.A.No.20090/2015 in the case of D.V.R. Recreation Club Vs State of Karnataka, disposed of on 27.06.2016 and further order issued on a review petition in the same matter on 19.10.2016. In view of the subsequent directions issued by the Hon’ble Division Bench, the present writ petition is disposed of with the following directions:

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(a) The petitioner shall install within a period of six weeks, CC TV cameras, at the places of access to its

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members and also at all the places, wherein games are 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.

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(b) 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.

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(c) The petitioner shall not permit any activity by any of its members, by indulging in acts of amusement, falling within the definition of Ss.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 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.

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(d) 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.

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(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.

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

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(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 members of the petitioner is/are found to have indulged in any unlawful or immoral activities.

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In the light of the afore-quoted order, the petitioner claims to have abiding with the directions of this Court and the

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NC: 2023:KHC:42798 WP No. 26378 of 2023

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impugned representation is submitted to the respondents seeking not to interfere with their lawful activity.

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Therefore, the respondents shall consider the representation dated 06.11.2023 and restrain themselves from interfering with the legal activities of the petitioner – recreational society. The petitioner – society is also directed to abide by the order passed by the co-ordinate bench of this Court ( supra), rendered in the case of the petitioner itself.

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For the aforesaid reasons, the following:

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ORDER

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a. The writ petition is allowed.

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b. Mandamus issues to the respondents to consider the representation dated 06.11.2023 and pass an order in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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c. The respondents are at liberty to take legal action, in the event, the activities of the recreational society are found unlawful and while doing so, they shall bear in mind the order passed in W.P.No.20532/2023 dated

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NC: 2023:KHC:42798 WP No. 26378 of 2023

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20.09.2023 and the observations made in the course

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of this Court.

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Sd/JUDGE

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NVJ List No.: 2 Sl No.: 4