Disposed

Sri S E Sundaresh v. the State of Karnataka

Karnataka HC9 Aug 2024WP/10867/2024

Case brief

AI extract

What is this about?

A club secretary sought exemption from police licensing for recreational activities. Following a Co-ordinate Bench decision covering the issue, the court disposed of the petition on the same terms, subject to conditions on CCTV, identity cards, and no gaming with stakes.

What did the court decide?

Petition disposed on the same terms as earlier orders; respondents not to interfere with lawful recreational activities, subject to compliance conditions.

Sri S E Sundaresh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:32243 WP No. 10867 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 10867 OF 2024 (GM-POLICE)

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BETWEEN:

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SRI. S. E. SUNDARESH, S/O SHIVAPPA, AGED ABOUT 46 YEARS, SECRETARY, MANU RECREATION CLUB, SHIGEMARURU VILLAGE, ANKANAHALLI POST, SHANIVARASANTHE HOBLI, SOMWARPET TALUK, KODAGU DISTRICT – 571 235.

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…PETITIONER

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(BY SRI. HANUMANTHAPPA HARAVI GOUDAR., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY ITS SECRETARY,

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DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE SUPERINTENDENT OF POLICE, KODAGU DISTRICT, MADIKERI – 571 235.

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THE DEPUTY SUPERINTENDENT OF POLICE, KODAGU DISTRICT, MADIKERI – 571 235.

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NC: 2024:KHC:32243 WP No. 10867 of 2024

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THE CIRCLE INSPECTOR OF POLICE, SOMWARPET POLICE STATION, KODAGU DISTRICT, MADIKERI – 571 235.

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THE SUB - INSPECTOR OF POLICE, SOMWARPET POLICE STATION, KODAGU DISTRICT, MADIKERI – 571 235.

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THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETY, KODAGU DISTRICT, MADIKERI – 571 235.

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THE DISTRICT REGISTRAR, O/O SUB - REGISTRAR BRAHMAN STREET, MADIKERI – 571 235.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND ALSO SOCIETIES DISTRICT REGISTRAR KODAGU, MADIKERI DISTRICT – 571 235.

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…RESPONDENTS

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(BY SRI.SHAMANTH NAIK, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE R2 SHALL CONSIDER THE REPRESENTATION VIDE ANNEXURE - E DATED 19/03/2024 WITH IMMEDIATE EFFECT AND ETC.,

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

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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NC: 2024:KHC:32243 WP No. 10867 of 2024

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ORAL ORDER

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The learned High Court Government Pleader accepts notice for the respondents.

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The petitioner seeks a direction to the respondents not to insist that the petitioner Club obtain a license under the Karnataka Police Act, 1963, or under the Licensing and Controlling of Places of Public Amusement Order, 1970.

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The issue of whether a license must be obtained for recreational activities was examined by a Co-ordinate Bench of this Court in W.P.No.8936/2024, and this Court, by order dated 25.03.2024, 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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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

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4 - NC: 2024:KHC:32243 WP No. 10867 of 2024

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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 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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NC: 2024:KHC:32243 WP No. 10867 of 2024

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In light of the issue having been covered by the decision rendered by the Co-ordinate Bench and facts of the case being undisputed, petition stands disposed off on the same terms.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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RKA List No.: 1 Sl No.: 71

Sri S E Sundaresh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri S E Sundaresh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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