Disposed

Wilson Garden Club v. State of Karnataka

Karnataka HC18 Sept 2024WP/24743/2024

Case brief

AI extract

What is this about?

A club sought restraint of police harassment and a direction that no licence was needed for its cards section under the Karnataka Police Act, 1963. Following a Co-ordinate Bench order in W.P. No. 8936/2024, the petition was disposed of on the same terms, including conditions on CCTV, identity cards, and no gaming with stakes.

What did the court decide?

Petition disposed of on the terms of the earlier Co-ordinate Bench order; police not to interfere with lawful recreational activities subject to compliance conditions.

Wilson Garden Club Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:38537 WP No. 24743 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 24743 OF 2024 (GM-POLICE)

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BETWEEN:

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WILSON GARDEN CLUB, NO.35/2, 9TH CROSS, WILSON GARDEN, BANGALORE - 560 027. REP BY ITS SECRETARY.

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…PETITIONER

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(BY SRI. AJAY GOVINDRAJ., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BANGALORE - 560 001.

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

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THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE - 560 001.

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WILSON GARDEN POLICE STATION REP BY SUB INSPECTOR 1, 7TH CROSS ROAD, VINAYAKA NAGAR, WILSON GARDEN, BANGALORE - 560 027.

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…RESPONDENTS

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(BY SRI. SHAMANTH NAIK., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE R-3 POLICE FROM CAUSING FREQUENT HARASSMENT AND INTERFERENCE IN THE ACTIVITIES OF THE CLUB AND ALLOW THE OPERATION OF ITS CARDS SECTION AND ETC.

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NC: 2024:KHC:38537 WP No. 24743 of 2024

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The learned High Court Government Pleader accepts notice for respondents Nos. 1 to 3.

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The petitioner seeks a direction for 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

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3 - NC: 2024:KHC:38537 WP No. 24743 of 2024

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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 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 except games of skills.

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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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NC: 2024:KHC:38537 WP No. 24743 of 2024

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This writ petition is also disposed of in the aforesaid terms."

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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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TIN List No.: 1 Sl No.: 14

Wilson Garden Club v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Wilson Garden Club v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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