Registered club sought protection from police interference and licensing demands for games of skill like rummy, chess, snooker and carom. Court disposed of petition imposing conditions: CCTV, member ID cards, no non-members, no games of chance or stakes; police not to interfere with lawful activities.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 102235 OF 2024 (GM-POLICE)
BETWEEN:
NANDI RECREATION ASSOCIATION, HEAD OFFICE AT: HIREHARAKUNI, TQ: KUNDGOL, DIST: DHARWAD-580 028, NOW BRANCH AT: R.S. NO:107B, HULSOGI VILLAGE, TQ: SHIGGAON, DIST: HAVERI-581 205, REPRESENTED BY ITS PRESIDENT, SHRI SUNIL BAPUGOUDA PATIL, AGE: 41 YEARS, OCC: BUSINESS, R/AT: HULGUR, SHIGGAON, TQ: SHIGGAON, DIST: HAVERI-581 126.
…PETITIONER
(BY SRI GOURISHANKAR MOT, ADVOCATE)
AND:
CHANDRASHEKAR LAXMAN KATTIMANI
Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.04.16 14:37:12 +0530
…RESPONDENTS
(BY SRI MADANMOHAN M. KHANNUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS, DIRECTING THE RESPONDENTS NO.4 NOT TO INSIST UPON THE PETITIONER TO OBTAIN THE LICENSE TO CARRY IN LAWFUL ACTIVITIES PERTAINING TO THE PETITIONER’S CLUB, EITHER UNDER THE LICENSING AND CONTROLLING OF THE PLACES OF PUBLIC ENTERTAINMENT AMUSEMENT ACT OR UNDER KARNATAKA POLICE ACT AND NOT TO INTERFERE IN THE PLAY OF SKILL DART GAMES LIKE CRICKET, KABADI, KARATE, CAROM, CHESS, SNOOKER, VOLLEYBALL, RUMMY (NON GAMBLING), CARDS, GAMES ETC WHICH ARE THE GAMES OF SKILL.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following relief:
“To issue a Writ of mandamus or any other appropriate Writ, Order or directions, directing the Respondents no.4 not to insist upon the Petitioner to obtain the License to carry in lawful activities Pertaining to the Petitioner’s club, either under the Licensing and Controlling of the places of Public Entertainment Amusement Act or under Karnataka Police Act and not to interfere in the play of Skill Dart Games like Cricket, kabadi, karate, carom, Chess, Snooker, Volleyball, rummy (non gambling), cards, Games etc which are the games of skill.”
registered under Karnataka Societies Registration Act and conducting games like play of Skill Dart Games like Cricket, kabadi, karate, carom, Chess, Snooker, Volleyball, rummy (non gambling), cards, Games etc which are the games of skill. It is submitted that petitioner-club is conducting its day-to-day affairs as per Bye-laws and Rules in accordance with law. It is submitted that while conducting regular activities, respondent no.4 on instructions of respondent no.2 and 3 are repeatedly interfering and insisting upon petitioner for obtaining licence. It is submitted, members of its association are not involved in any illegal activities contrary to law. Hence, sought for allowing writ petition.
learned AGA fairly submitted that this Court in identical matters allowed writ petitions by imposing conditions. Likewise, this writ petition can be disposed of.
record.
record, writ petition is disposed of following directions
issued in W.P.no.201133/2017 disposed of on 30.03.2017:
Sections 2(14) and 2(15) of 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. 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.
Sd/JUDGE
VMB
List No.: 1 Sl No.: 29
1 issue framed by the court
Whether police can insist on licence or interfere with a registered club's games of skill conducted without stakes.
5 provisions across 4 enactments
Nandi Recreation Association
The State of Karnataka, represented by its Secretary, Home Department
The Superintendent of Police, Haveri
The Deputy Superintendent of Police, Shiggaon
Police Inspector, Tadas Police Station
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
