Dismissed

Jai Seva Atagala Hagu Manaranjana Samsthe v. the State of Karnataka

Karnataka HC4 Sept 2024WP/104986/2024

Case brief

AI extract

What is this about?

This High Court writ petition sought mandamus directing police authorities not to enforce license requirements for skill games like chess, rummy, and billiards. The Court observed a coordinate bench's earlier order and disposed of the instant petition by extending similar guidelines regarding CCTV installation, ID cards, non-gambling conditions, and regulated access.

What did the court decide?

Directing petitioner to install CCTVs, issue ID cards, and prohibit games involving stakes; respondents directed not to interfere with lawful recreational activities.

Jai Seva Atagala Hagu Manaranjana… — Constitutional and Fundamental Rights | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12745 WP No. 104986 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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WRIT PETITION NO. 104986 OF 2024 (GM-POLICE)

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BETWEEN:

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JAI SEVA ATAGALA HAGU MANARANJANA SAMSTHE, HABIBA BUILDING, AMBEDKAR NAGAR, CHANNAPET, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580024, REPRESENTED BY ITS PRESIDENT, SRI. OBALESHA GURAGUNTI, S/O. KULAYAPPA GURAGUNTI, AGE: 40 YEARS, OCC: BUSINESS, R/O. AMBEDKAR NAGAR, CHANNAPET, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580024.

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…PETITIONER

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(BY SRI. VADIRAJ PADAKANDLA, ADVOCATE)

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GIRIJA A BYAHATTI

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Location: HIGH COURT OF KARANTAKA DHARWAD BENCH

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-01.

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THE COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, NAVANAGAR, DHARWAD, TQ: HUBBALLI, DIST: DHARWAD-580021.

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THE DEPUTY COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, NAVANAGAR,

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2 - NC: 2024:KHC-D:12745 WP No. 104986 of 2024

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DHARWAD, TQ: HUBBALLI, DIST: DHARWAD-580021.

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THE ASSISTANT COMMISSIONER OF POLICE, SOUTH SUB-DIVISION, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580021.

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THE CIRCLE INSPECTOR OF POLICE, OLD HUBBALLI POLICE STATION, TQ: HUBBALLI, DIST: DHARWAD-580024.

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THE SUB-INSPECTOR OF POLICE, OLD HUBBALLI POLICE STATION,

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TQ: HUBBALLI, DIST: DHARWAD-580024.

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…RESPONDENTS

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(BY SRI. PRAVEEN K. UPPAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO. 3 TO 6 TO NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING SKILL GAMES LIKE CHESS, CAROM, RUMMY, TABLE TENNIS, LONG TENNIS BILLIARDS, BADMINTON AND OUTDOOR GAMES SUCH AS TENNIS, TENNIQUITE, CRICKET, ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

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Heard the learned counsel for the petitioner and learned counsel appearing for the respondents.

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The present petition is filed seeking issue of writ in the nature of mandamus directing the respondent Nos.3 to 6 not to insist upon the petitioner to obtain license for playing

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3 - NC: 2024:KHC-D:12745 WP No. 104986 of 2024

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skill games like chess, carom, rummy, table tennis, long tennis, billiards, badminton and outdoor games such as tennis, tenniquite and cricket etc and also issue a direction to respondent Nos.3 to 6 not to interfere with day-to-day function and activities of the petitioner.

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The learned counsel for the petitioner in support of this prayer has produced the copies of registration certificate as Annexure-A and also the affidavit as Annexure-B. The objects of the petitioner, details of the members of the petitioner and also relied upon the order passed by this Court in Writ Petition No.105476/2023, wherein, certain guidelines are issued by this Court, the learned AGA submits that this Court has already considered the similar matter and passed an order in terms of Annexure-C and the same guidelines may be taken note of and this petition may be disposed off.

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Having heard the learned counsel for the petitioner and learned AGA appearing for the respondents and also considering the material available on record and particularly the Co-ordinate Bench in a similar set of facts has considered the same and the writ petition is also disposed off in the following terms:

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(i) “ The petitioner shall install within a period of six weeks, CC TV Camera at all the places of access to members and also at all the places, wherein game(s)

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4 - NC: 2024:KHC-D:12745 WP No. 104986 of 2024

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is/are played by the members. The CC TV footage of atleast 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 cards to all its members, which shall be produced by the member(s), when called upon by the police, during the raid(s), surveillance, etc.

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(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 games or recreational activities.

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(iv) The petitioners 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) and 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 finds that 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 petitioners 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

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5 - NC: 2024:KHC-D:12745 WP No. 104986 of 2024

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about any unlawful activity being carried on in the petitioners’ 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.

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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 is/are found to have indulged in any unlawful or immoral activities.

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No order as to costs.”

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Having considered the similar issues involved in the

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matter, this Writ Petition is also disposed of considering the same with the same conditions.

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Sd/(H.P.SANDESH) JUDGE

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PMP List No.: 1 Sl No.: 42

Jai Seva Atagala Hagu Manaranjana Samsthe v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Jai Seva Atagala Hagu Manaranjana Samsthe v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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