Disposed

M/S Legends Culture Association (R) v. State of Karnataka

Karnataka HC23 Sept 2024WP/25848/2024

Case brief

AI extract

What is this about?

A club sought a direction that police not insist on a licence for members playing games of skill. Following a Co-ordinate Bench order in an identical matter, the court disposed of the petition on the same terms, permitting lawful recreational activities subject to conditions.

What did the court decide?

Petition disposed on same terms as earlier Co-ordinate Bench order; respondents not to interfere with lawful recreational activities of club members.

M/S Legends Culture Association (R) Vs State of… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:41119 WP No. 25848 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 25848 OF 2024 (GM-POLICE)

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BETWEEN:

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M/S. LEGENDS CULTURE ASSOCIATION (R), (REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960), 184/2, N.H. 13, DUMMI, RAMAGIRI HOBLI, HOLALKERE TALUK, HOLALKERE, CHITRADURGA - 577 531, REPRESENTED BY ITS PRESIDENT MR. DEVARAJ K.R.

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…PETITIONER

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(BY SRI. BHARATH KUMAR V, 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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STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001.

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SUPERINTENDENT OF POLICE, CHITRADURGA DISTRICT, CHITRADURGA -577 531.

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DEPUTY SUPERINTENDENT OF POLICE, CHITRADURGA SUB DIVISION, CHITRADURGA - 577 531.

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NC: 2024:KHC:41119 WP No. 25848 of 2024

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STATION HOUSE OFFICER, HOLALKERE POLICE STATION, CHITRADURGA DISTRICT, CHITRADURGA - 577 531.

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…RESPONDENTS

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(BY SRI. RAHUL CARIAPPA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE FOR PLAYING GAMES OF SKILLS LIKE CHESS, CARROM, RUMMY ETC., EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER 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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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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3 - NC: 2024:KHC:41119 WP No. 25848 of 2024

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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 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

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4 - NC: 2024:KHC:41119 WP No. 25848 of 2024

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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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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

M/S Legends Culture Association (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Legends Culture Association (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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