Disposed

M/S Sri Tirumala Recreation Association v. State of Karnataka

Karnataka HC21 Mar 2024WP/6769/2024

Case brief

AI extract

What is this about?

A writ petition challenging the requirement to obtain a license for playing games of skills like chess, carrom, and rummy. The court disposed of the petition on terms consistent with a coordinate bench judgment.

What did the court decide?

The petition disposed on terms consistent with a coordinate bench judgment: petitioner must install CCTV, issue ID cards, restrict non-members, prohibit games of chance/profit but cannot be compelled

M/S Sri Tirumala Recreation Association Vs State of… — Service and Employment | Karnataka HC (2024)

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1 - NC: 2024:KHC:11659 WP No. 6769 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 6769 OF 2024 (GM-POLICE)

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BETWEEN:

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M/S SRI TIRUMALA RECREATION ASSOCIATION HAVING OFFICE AT BADA MUKKAM AND POST, DAVANGERE TALUK AND DAVANGERE DISTRICT-577514 REPRESENTED BY ITS PRESIDENT, MR RAVI M C

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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 NAGAVENI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA THROUGH: ADDL. CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR B R AMBEKDAR VEEDHI, BANGALORE-560001.

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SUPERINTENDENT OF POLICE DAVANGERE DISTRICT, DAVANGERE-577005.

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DEPUTY SUPERINTENDENT OF POLICE DAVANGERE RURAL SUB DIVISION, DAVANGERE-577005.

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STATION HOUSE OFFICER MAYAKONDA POLICE STATION, DAVANGERE DISTRICT, DAVANGERE-577005.

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…RESPONDENTS

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

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NC: 2024:KHC:11659 WP No. 6769 of 2024

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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 ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri. Bharath Kumar V., 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 for the following prayer:

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"a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction 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.

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b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the petitioner association is not required to obtain a license under the Licensing and Controlling of Places of Public Amusement Order, or under the Karnataka Police Act, 1963 to carry on recreational activity.

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c. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the action of the respondents

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NC: 2024:KHC:11659 WP No. 6769 of 2024

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in interfering with the recreation activity in the Schedule Premises is highly arbitrary and illegal.

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d. Grant such other relief that this Hon'ble Court may deem 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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1 W.P.No.38068/2015 disposed on 09.09.2015

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NC: 2024:KHC:11659 WP No. 6769 of 2024

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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.

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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

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5 - NC: 2024:KHC:11659 WP No. 6769 of 2024

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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 the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms.

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Sd/JUDGE

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KG List No.: 1 Sl No.: 24

M/S Sri Tirumala Recreation Association v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Sri Tirumala Recreation Association v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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