A writ petition filed by a sports association against police authorities seeking non-interference and exemption from licensing for skill games. The court disposed of the petition relying on a co-ordinate bench judgment.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.1299 OF 2024 (GM-POLICE)
BETWEEN:
SRI. SAI FAMILY SPORTS AND RECREATION ASSOCIATION, DOOR NO.7, 2ND MAIN ROAD, CHIKKA ADUGODI, DHARMARAM COLLEGE, BANGALORE - 560 029, "SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960",
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
REP. BY ITS PRESIDENT N. SUNILKUMAR, S/O NARASIMHAIAH G., AGED ABOUT 40 YEARS, R/AT NO.07, 2ND CROSS, NEAR VENKATESHWARA TEMPLE, CHIKKA ADUGODI, DHARMARAM COLLEGE, BANGALORE - 560 029.
…PETITIONER
(BY SRI. R.SHASHIDHARA, ADVOCATE)
AND:
NC: 2024:KHC:1962 WP No. 1299 of 2024
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS
NC: 2024:KHC:1962 WP No. 1299 of 2024
TO THE RESPONDENTS NOT INSIST THE PETITIONER TO OBTAIN ANY LICENSE TO CARRY ON LAWFUL ACTIVITIES LIKE FOR PLAYING SKILL GAMES, CHESS, SNOOKER, CAROM, ELECTRIC COIN GAMES, FANTASTIC-III, 3 DIES BOWLING, POKER, WALL GAME, SIX COLOR GAMES, RUMMY ETC IN THE PREMISES OF THE PETITIONER SOCIETY EITHER UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER OR UNDER THE KARNATAKA POLICE ACT AND NOT TO INTERFERENCE WITH THE RECREATIONAL AND OTHER LAWFUL ACTIVITIES CARRIED ON IN THE PETITIONER SOCIETY IN ANY MANNERS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. R. Shashidhara, learned counsel appearing for the petitioner and Sri. Manjunath, the learned HCGP appearing for the respondents.
following prayers:
NC: 2024:KHC:1962 WP No. 1299 of 2024
under the Karnataka police Act and not to interference with the recreational and other lawful activities carried on in the petitioner society in any manners in the interest of justice and equity.
would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of
M/S NAVARANG ASSOCIATION Vs. THE STATE OF
KARNATAKA1 , the Co-ordinate Bench has held as follows:
" Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.
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:-
“(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.
1 W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:1962 WP No. 1299 of 2024
(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.
(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.
(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.
(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.
(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.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club / Association.
(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.”
This writ petition is also disposed of in the aforesaid terms."
Sd/JUDGE
SJK List No.: 1 Sl No.: 112 CT:SNN
1 issue framed by the court
Whether to issue directions to respondents not to insist petitioner obtain license for skill games at society premises.
Colour shows how this judgement treated each authority
M/S Navarang Association Vs. The State of KarnatakaRelied on¶43
M/S Navarang Association Vs. The State of Karnataka
The Media N. Members Club vs. State of Karnataka and OthersRelied on¶45
W.P.No.30071/2014 dated 15-10-2014
Sri. Sai Family Sports and Recreation Association
The Chief Secretary, The State Government of Karnataka
The State of Karnataka
Director General of Police
The ADGP L and O
The Inspector General of Police, Central Range
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
