Dismissed

Sri Lakshminarasimhaswamy Sports and Culural Trust v. the Secretary

Karnataka HC12 Apr 2023WP/5636/2023

Case brief

AI extract

What is this about?

This writ petition sought a directive non-interference in skill-oriented games and recreational activities. The High Court of Karnataka held that the issue was already covered by existing judgments. Consequently, it disposed of the petition on terms identical to those in W.P. No. 30071/2014.

What did the court decide?

The petition was disposed of on the terms of W.P. No. 30071/2014, including installation of CCTV, identity cards for members, and prohibition of games of chance.

Sri Lakshminarasimhaswamy Sports and… — Civil Procedure and Limitation | Karnataka HC (2023)

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WP No. 5636 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5636 OF 2023 (GM-POLICE)

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BETWEEN:

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SRI.LAKSHMINARASIMHASWAMY SPORTS AND CULTURAL TRUST, K.R.EXTENSION, M.G.ROAD, TUMKURU – 572 101. (IT IS A TRUST REGD. UNDER INDIAN TRUST ACT) REPRESENTED BY ITS PRESIDENT

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SRI. MOHAMED ISMAIL, S/O SRI. PEERSAB, AGED 42 YEARS, R/O NO.27, RING ROAD, GEDDALAHALLI, TUMKURU – 572 104.

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…PETITIONER

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

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(BY SRI. VEERAYYA HIREMATH., ADVOCATE)

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AND:

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THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE SUPERINTENDENT OF POLICE, TUMKURU DISTRICT, TUMKURU – 572 101.

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WP No. 5636 of 2023

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THE DEPUTY SUPERINTENDENT OF POLICE, TUMKURU DISTRICT, TUMKURU – 572 101.

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THE CIRCLE INSPECTOR, TUMKURU TOWN POLICE STATION, TUMKURU – 572 101.

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THE SUB INSPECTOR, TUMKURU TOWN POLICE STATION, TUMKURU – 572 101.

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…RESPONDENTS

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(BY SRI.B.V.KRISHNA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERE IN THE SPORTS, CULTURAL AND SKILL ORIENTED GAMES LIKE SKILL FANTASTIC-3, ROULETTE, SIX COLOR GAMES, INDOOR AND OUTDOOR GAMES LIKE SNOOKER, BILLIARDS, POOL GAMES, CHESS, RUMMY JACKPOT, POKER, CAROM, COIN GAMES, DART, VOLLEYBALL, AND SKILL GAMES ETC., WHICH ARE GAMES OF SKILL AS HELD BY THIS COURT IN VARIOUS WRIT PETITIONS BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT AS PER ANNEXURE – C AND ETC.,

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

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WP No. 5636 of 2023

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ORDER

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Heard Sri. Veerayya Hiremath, learned counsel appearing for the petitioner and Sri. B.V. Krishna., the learned AGA appearing for the respondents.

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The petitioner is before this Court, seeking for the

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following prayer:

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"(i) To direct the Respondents not to interfere in the Sports, cultural and skill oriented Games like Skill Fantasitc-3, Roulette, Six Colour Games, Indoor and Outdoor Games like Snooker, Billariards, pool Games, chess, Rummy, Jackpot, Poker, Carom, Coin games, Dart, Volley Ball, and skill games etc. which are Games of skill as held by this Court in various Writ Petitions by issue of writ in the nature of certiorari or any other writ or direction as the case may be; as per Annexure-C.

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(ii) Grant such other relief or reliefs as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice."

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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

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

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WP No. 5636 of 2023

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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 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

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WP No. 5636 of 2023

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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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(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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Sd/JUDGE

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SJK List No.: 1 Sl No.: 27

Sri Lakshminarasimhaswamy Sports and Culural Trust v. the Secretary

Case brief

What is this about?

What did the court decide?

Sri Lakshminarasimhaswamy Sports and Culural Trust v. the Secretary

Case brief

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What did the court decide?

What the court decided

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