Disposed

Fort City Recreation Club v. the State of Karnataka

Karnataka HC18 Mar 2024WP/2836/2024

Case brief

AI extract

What is this about?

Writ petition disposed of on terms laid down in a previous coordinate bench judgment. The court directed the petitioner to install CCTV cameras, issue identity cards to members, restrict participation to members only, and ensure no gambling takes place. Police were directed not to interfere with lawful recreational activities while retaining jurisdiction to act against unlawful conduct.

What did the court decide?

Disposed of with directions: install CCTV, issue ID cards, restrict to members, no gambling, police may visit periodically.

Fort City Recreation Club Vs the… — Constitutional and Fundamental Rights | Karnataka HC (2024)

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NC: 2024:KHC:11083 WP No. 2836 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 MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2836 OF 2024 (GM-POLICE)

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BETWEEN:

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FORT CITY RECREATION CLUB, J.M.I.T. CIRCLE, BIG BOSS HOTEL, 3RD FLOOR, CHITRADURGA - 577 501, REPRESENTED BY ITS PRESIDENT MR. B. BASAVARAJU, AGED ABOUT 65 YEARS, REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT.

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…PETITIONER

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(BY SRI. GIREESHA KODGI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, Digitally signed by BY ITS SECRETARY, NAGAVENI DEPARTMENT OF HOME, Location: HIGH COURT OF VIDHANA SOUDHA, KARNATAKA BENGALURU - 560 001.

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INSPECTOR GENERAL OF POLICE, DAVANAGERE, EASTERN RANGE, DAVANAGERE - 577 001.

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SUPERINTENDENT OF POLICE, CHITRADURGA - 577 526.

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2 - NC: 2024:KHC:11083 WP No. 2836 of 2024

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DEPUTY SUPERINTENDENT OF POLICE, CHITRADURGA DIVISION, CHITRADURGA - 577 526.

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DEPUTY COMMISSIONER OF POLICE, INVESTIGATION BUREAU, CHITRADURGA - 577 526.

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CIRCLE INSPECTOR OF POLICE, CHITRADURGA TOWN, CHITRADURGA - 577 526.

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CIRCLE INSPECTOR OF POLICE, CHITRADURGA RURAL CIRCLE, CHITRADURGA - 577 526.

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INSPECTOR OF POLICE, CHITRADURGA KOTE POLICE STATION, CHITRADURGA - 577 526.

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INSPECTOR OF POLICE, CHITRADURGA TOWN POLICE STATION, CHITRADURGA - 577 526.

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…RESPONDENTS

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(BY SRI. K.P. YOGANNA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST THE PETITIONER TO OBTAIN LICENSE UNDER KARNATAKA POLICE ACT OR UNDER LICENSING AND OF PLACES OF PUBLIC AMUSEMENT FOR PLAYING OF SKILL GAMES LIKE CHESS, SNOOKER, CAROM, ELECTRONIC COIN GAMES, PENTASTIC-3, THREE DIES BOWLING, (IS NEWLY KNOWN AS SKILLED ELECTRONIC

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3 - NC: 2024:KHC:11083 WP No. 2836 of 2024

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GAME) POKER, WALL GAME, SIX COLOUR GAMES, RUMMY ETC., IN THE PREMISES OF THE PETITIONERS ASSOCIATION AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri. Gireesha Kodgi, learned counsel appearing for the petitioner and Sri. K.P. Yoganna, the learned AGA appearing for the respondents.

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The petitioner is before this Court, seeking the following prayers:

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" 1) Issue writ of in the nature of mandamus, directing the respondents not to insist the petitioner to obtain license under Karnataka Police Act or under Licensing and of Places of Public Amusement for playing of skill games like chess, snooker, Carom, Electronic coin games, Pentastic-3, Three Dies Bowling, (is newly known as skilled electronic game) poker, wall game, six colour games, rummy etc., in the premises of the petitioner "Association,

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2) Issue a writ in the nature of Mandamus directing the respondents not to interfere with the activities of the petitioner Association for the recreation of its members by playing the skilled games like chess, Dart Game, snooker, carom, electronic coin games, video games, poker, wall game rummy, etc., in the premises of the Petitioner Association.

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4 - NC: 2024:KHC:11083 WP No. 2836 of 2024

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3) Pass any other writ order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case."

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The learned counsel appearing for the petitioner

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would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of

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M/S NAVARANG ASSOCIATION Vs. THE STATE OF

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KARNATAKA¹ , the Co-ordinate Bench has 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

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1 W.P.No.38068/2015 disposed on 09.09.2015

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NC: 2024:KHC:11083 WP No. 2836 of 2024

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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

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NC: 2024:KHC:11083 WP No. 2836 of 2024

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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 the light of the issue standing covered by

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judgment rendered by the Co-ordinate Bench supra and the facts being undisputed, the petition stands disposed on the

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same terms.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 150 CT:SNN

Fort City Recreation Club v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Fort City Recreation Club v. the State of Karnataka

Case brief

What is this about?

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