Disposed

Victory Sports and Cultural Association Club v. the State of Karnataka

Karnataka HC5 Dec 2024WP/32213/2024

Case brief

AI extract

What is this about?

A sports club sought exemption from licensing under the Karnataka Police Act and the Places of Public Amusement Order for skill games like chess, snooker and rummy. Relying on an earlier co-ordinate bench decision, the court disposed of the petition on identical terms imposing conditions on the club.

What did the court decide?

Petitioners not to be insisted to obtain licence subject to conditions: CCTV installation, member ID cards, no non-members, no games of chance or stakes; police free to act on violations.

Victory Sports and Cultural Association Club Vs… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:50312 WP No. 32213 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 32213 OF 2024 (GM-POLICE)

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BETWEEN:

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VICTORY SPORTS AND CULTURAL ASSOCIATION CLUB PIRIYAPATTANA ROAD, NILUVAGILU KAVALU,

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HUNSUR - 571 105, MYSURU DISTRICT. REPRESENTED BY ITS PRESIDENT, SRI.H.M.PRAVEEN.

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…PETITIONER

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(BY SRI. N KUMAR., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE SUPERINTENDENT OF POLICE, MYSURU DISTRICT MYSURU 570 001.

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE DEPUTY SUPERINTENDENT OF POLICE, HUNSUR SUB DIVISION, HUNSUR, MYSURU DISTRICT - 571 602.

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THE CIRCLE INSPECTOR OF POLICE, HUNSUR, MYSURU DISTRICT - 571 602.

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THE SUB INSPECTOR, HUNSUR POLICE STATION, HUNSUR, MYSURU DISTRICT - 571 602.

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THE CITY CRIME BRANCH OF POLICE, RAYAN CIRCLE, MYSORE ROAD, BANGALORE - 560 002. REPRESENTED BY ITS DEPUTY COMMISSIONER OF POLICE.

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…RESPONDENTS

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

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2 - NC: 2024:KHC:50312 WP No. 32213 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NOT TO INSIST THE PETITIONER TO OBTAINS LICENSE UNDER KARNATAKA POLICE ACT OR UNDER LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT FOR PLAYING OF SKILL GAMES LIKE CHESS, SNOOKER, CAROM ELECTRONIC COIN GAMES, PENTASTIC-3, THREE DIES BOWLING, (IS NEWLY KNOW AS SKILLED ELECTRONIC GAME0 POKER WALL GAME, SIX COLOUR GAMES, RUMMY ETC.

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THIS PETITION, COMING ON FOR ORDERS, 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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Learned AGA accept notice for respondent - State.

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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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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)

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3 - NC: 2024:KHC:50312 WP No. 32213 of 2024

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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 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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4 - NC: 2024:KHC:50312 WP No. 32213 of 2024

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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

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decision rendered by the Co-ordinate Bench and facts of the case being undisputed, petition stands disposed off on the

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same terms.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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TIN List No.: 1 Sl No.: 30

Victory Sports and Cultural Association Club v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Victory Sports and Cultural Association Club v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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