Allowed

The Shivashakathi Recreation Club -R- v. the State of Karnataka

Karnataka HC8 Nov 2024WP/105496/2024

Case brief

AI extract

What is this about?

A registered recreation club sought police non-interference in its members' rummy games with small stakes. Relying on an earlier co-ordinate bench order in W.P.No.105936/2022, the Court allowed the petition subject to guidelines: CCTV installation, member identity cards, no games of chance or stakes, and no interference by police with lawful recreational activities.

What did the court decide?

Petition allowed; respondents not to interfere with lawful recreational activities, subject to guidelines (CCTV, ID cards, no stakes/games of chance).

The Shivashakathi Recreation Club -R- Vs the… — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:16348 WP No. 105496 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 08^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 105496 OF 2024 (GM-POLICE)

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BETWEEN:

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THE SHIVASHAKATHI RECREATION CLUB (R) AT: BUDDUGUMPA CROSS, TQ: KOPPAL, DIST: KOPPAL, REPRESENTED BY IT PRESIDENT, SRI. KRISHANA S/O. ANANDAPPA SILIKETHARE, AGE: 25 YEARS, OCCP: BUSINESS, 583231, R/O. KAREHALLI, TQ: DIST: KOPPAL.

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…PETITIONER

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(BY SRI HANUMESH M. DESAI, FOR SRI N.D. GUNDE, ADVOCATE.)

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AND:

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MALLIKARJUN
RUDRAYYA
KALMATH
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE.

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THE SUPERINTENDENT OF POLICE, KOPPAL, DIST: KOPPAL-582114.

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THE DEPUTY SUPERINTENDENT OF POLICE, KOPPAL, DIST: KOPPAL, 582114.

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THE CIRCLE INSPECTOR OF POLICE, POLICE STATION KOPPAL, DIST: KOPPAL-582114.

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THE POLICE SUB INSPECTOR, MUNIRABAD POLICE STATION, TQ: DIST: KOPPAL-583231.

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…RESPONDENTS

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(BY SRI V.S. KALASURMATH, HCGP.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

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a) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS DIRECTING THE RESPONDENTS NOT TO INTERFERENCE IN THE DAY TODAY AFFAIRS OF THE ASSOCIATION AND PLAYING RUMMY GAME BY THE MEMBERS WITH SMALL STAKE WHICH IS BEING COLLECTED FOR MAINTENANCE OF THE ASSOCIATION THE MEMBERS OF THE PETITIONER ASSOCIATION TO PLAY OF RUMMY;

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b) PASS SUCH OTHER ORDER/ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard the learned counsel for the petitioner and the learned HCGP for respondents No.1 to 5.

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The petitioner is a recreation club registered under the Karnataka Societies Registration Act. It provides and promotes sports and games of skill and recreation activities to its members. It has valid registration certificate obtained from the registration authorities. Certain skill games have been carried out in the recreation facilities of the association.

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This being the state of affairs, respondent No.5 jurisdictional police visited the petitioner association and insisted the petitioner to obtain licence under the provisions of Karnataka Police Act and also under Licencing and Controlling of the places of Public Entertainment Amusement Act, thereby interfered with the legal activities being carried out by the association. Hence the petitioner due to the interference of respondent No.5 is before this Court invoking the writ jurisdiction seeking a writ of mandamus for a direction to the respondent authorities not to insist to obtain any licence for those activities, which is not called for and does not apply to the sports activities and the entertainment and recreational activities involved in the association.

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Per contra, learned HCGP contends that they are not inclined to interfere with the legal activities being performed. They are only doing the routine work of finding out if any illegal, unlawful activities are being carried-on by the petitioner in the association/recreation facility. Under the circumstances, he contends that if all necessary permissions and licence are obtained as required in law, they would not

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interfere. However, they should not be restrained to carryout routine check up to see if there are any illegal and unlawful activities carried-on in the club.

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Having heard both the learned counsels and relying upon the judgment of Co-ordinate Bench of this Court in W.P.No.105936/2022, decided on 16.12.2022, this petition requires to be allowed by directing the petitioner to follow the guidelines issued therein.

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Accordingly the petition is allowed, subject to following the guidelines issued in the order passed in the said writ petition which are extracted as under:

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“(i) The petitioner shall install CC TV cameras at all the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CC TV footage of atleast prior 15 days’ period shall be made available by the petitioner to the jurisdiction 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 concerned police, during the raid(s), surveillance, 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 games 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 jurisdiction police find 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 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’sClub/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

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NC: 2024:KHC-D:16348 WP No. 105496 of 2024

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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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Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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