Disposed

Vivekananda Friends Recreation and Sports Association v. the State of Karnataka

Karnataka HC21 Aug 2024WP/21343/2024

Case brief

AI extract

What is this about?

A registered sports and recreation club sought mandamus against police interference in indoor games like carom, chess and rummy. The court disposed of the petition following earlier orders, directing CCTV installation, member identity cards, no gaming with stakes, and restraining police from interfering with lawful activities.

What did the court decide?

Petition disposed with directions: install CCTV, issue member ID cards, permit no games of chance/stakes; respondents not to interfere with lawful recreational activities; police free to act on unlawf

Vivekananda Friends Recreation and Sports… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:33544 WP No. 21343 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 21343 OF 2024 (GM-KSR)

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BETWEEN:

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VIVEKANANDA FRIENDS RECREATION AND SPORTS ASSOCIATION, REG. UNDER KARNATAKA SOCIETY REGISTRATION ACT 1960, REP. BY ITS DIRECTOR, RAMACHANDRANAIK, S/O SEVANAIAK, HAIVLARAHALLI GRAMA, KANIVEHALLI HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT, PIN-572116.

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…PETITIONER

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(BY SRI LAKSHMIKANTH K, ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY PAVAGADA POLICE STATION, PAVAGADA TALUK, TUMAKURU DISTRICT, PIN-561202.

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SUPERINTENDENT OF POLICE, TUMAKURU DISTRICT, PIN-572141.

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, HOME DEPARTMENT, VIDHANASOUDHA, BANGALORE-560091.

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…RESPONDENTS

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(BY SRI N.B.PATIL, LEARNED AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 NOT TO DISTURB THE PETITIONER IN CARRYING CAROM, CHESS, TABLE TENNIS, KABBADI, SKILL

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2 - NC: 2024:KHC:33544 WP No. 21343 of 2024

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GAMES SPORTS ACTIVITIES, OTHER INDOOR GAMES, WALL GAME, SNOOKERS, RUMMY ETC, IN THE NAME AND STYLE OF VIVEKANANDA FRIENDS RECREATION AND SPORTS CLUB ASSOCIATION IN THE PREMISES AS STATED IN CERTIFICATE OF REGISTRATION DTD. 21.03.2024 AT ANNX-A VIDE REG UNDER VIDE REG NO. DRTU/SOR/542/2023-2024 AND PASS SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE.

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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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ORAL ORDER

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Heard the learned counsel for the petitioner and learned Additional Government Advocate.

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The petitioner is before this Court praying for issuance of a writ of mandamus thereby directing the respondents not to insist upon the petitioner to obtain license for the recreation activities conducted by the petitioner in the schedule premises either under the Karnataka Police Act, 1963 or under the Licensing and Controlling of the Places of Public Amusement Order, 1970.

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NC: 2024:KHC:33544 WP No. 21343 of 2024

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Learned counsel for the petitioner would submit that, this Court in similar matters has been pleased to dispose of the writ petitions granting the relief.

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Learned Additional Government Advocate would submit that the writ petition could be disposed of in terms of the order passed by this Court on 28.11.2018 while disposing of W.P.No.50923/2018.

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The submission of the learned Additional Government Advocate is placed on record. If any illegal or unlawful activities are conducted or permitted in the petitioner’s premises, it is always open for the respondents to initiate such action as permitted under law.

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The learned counsel for the petitioner has

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brought to the notice of this Court a judgment passed by the Division Bench of this Court at Kalaburgi, in W.A.No.20090/2015 in the case of D.V.R. Recreation Club

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Vs State of Karnataka, disposed of on 27.06.2016 and further order issued on a review petition in the same matter on 19.10.2016. In view of the subsequent

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NC: 2024:KHC:33544 WP No. 21343 of 2024

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directions issued by the Hon’ble Division Bench, the present writ petition is disposed of with the following directions:

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a. 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 game/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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b. 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 surveillance etc.

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c. 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

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NC: 2024:KHC:33544 WP No. 21343 of 2024

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any kind of game(s) with stakes or make any profit or gain out of the game(s) played, except games of skills.

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d. 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 any of the game/s played is/are contrary to any law and in violation of the settled practice, it is open for them to take action against petitioner and the offenders, in accordance with law.

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e. 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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f. 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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