Partly allowed

Tejaswini Friends Recreation v. the State of Karnataka

Karnataka HC5 Jan 2024WP/29045/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking protection for the petitioner's club to conduct skill games. The court imposed conditions including CCTV installation, issuance of identity cards, prohibition on games of chance, and police liberty to inspect premises, directing State respondents not to interfere with lawful activities.

What did the court decide?

The writ petition was disposed of by retaining petitioners as spared from interference, subject to conditions including CCTV installation, ID cards, and prohibition of games with stakes.

Tejaswini Friends Recreation Vs the State of… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:664 WP No.29045 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JANUARY, 2024 BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.29045 OF 2023 (GM-POLICE)

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BETWEEN:

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Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

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TEJASWINI FRIENDS RECREATION AND SPORTS ASSOCIATION REP. BY ITS PRESIDENT REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1960 S. KONDAPPA S/O SUBBARAYAPPA AGED ABOUT 54 YEARS R/AT. KOTTURU GRAMA NIDGAL HOBLI PAVAGADA TALUK TUMKUR DISTRICT-572116.

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…PETITIONER

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(BY SRI. LAKSHMIKANTH K, ADV.,)

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AND:

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

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THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT-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 SMT. SAVITHRAMMA, AGA)

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NC: 2024:KHC:664 WP No.29045 of 2023

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THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 AND R2 NOT TO DISTURB THE PETITIONER IN CARRYING CAROM CHESS, TABLE TENNIS, KABBADI, SKILL GAMES SPORTS ACTIVITIES, OTHER INDOOR GAMES, WALL GAME, SNOOKERS, RUMMY ETC, IN THE NAME AND STYLED OF TEJASWINI FRIENDS RECREATION AND SPORTS CLUB ASSOCIATION IN THE PREMISES AS STATED IN CERTIFICATE OF REGISTRATION DTD 10.08.23 AT ANNEXURE-A VIDE REG UNDER VIDE REG NO. DRTU/SOR/154/2023-24 & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned Additional Government Advocate accepts notice for the respondents.

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In this petition, the petitioner inter alia seeks a direction to the respondents not to interfere in the smooth functioning of the club in conducting skill games.

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When the matter was taken up today, learned counsel for the parties submit that the impugned order in the writ petition is squarely covered by an order dated 22.02.2016 passed in W.P.No.101799/2016.

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NC: 2024:KHC:664 WP No.29045 of 2023

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In view of the aforesaid submissions and with a view

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to maintain parity, writ petition is disposed of with the following conditions:

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(i) The petitioner shall install CC TV cameras at the places of access to its members and also at all the places, wherein game(s) is / are played by the members within a period of six weeks. The CC TV footage of atleast prior 15 days’ period shall be made available by the petitioner to the jurisdictional 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 concerned police, during the raid(s), surveillance, etc.

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(iii) The petitioner shall not allow any non-member(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

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NC: 2024:KHC:664 WP No.29045 of 2023

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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 jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to take action against the 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

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NC: 2024:KHC:664 WP No.29045 of 2023

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activities carried on by the members of the petitioner’s – 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 is/are found to have indulged in any unlawful or immoral activities.

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No order as to costs.

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Sd/JUDGE

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Tejaswini Friends Recreation v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Tejaswini Friends Recreation v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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