The High Court of Karnataka, on a preliminary hearing, disposed of a writ petition filed for exemption from obtaining licenses for games of skill. Relying on precedents, the court held the issue already covered and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:1964 WP No. 730 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.730 OF 2024 (GM-POLICE)
BETWEEN:
M/S. APPU ADIKEBELEGAARARA SPORTS AND RECREATIONAL ASSOCIATION, NO.35/5, OPP. AGRICULTURE DEPARTMENT, MAIN ROAD, MAYAKONDA, DAVANGERE TALUK, DAVANGERE - 577 534, REP. BY ITS SECRETARY, MANJUNATH H.B.
…PETITIONER
(BY SRI. BHARATH KUMAR V., ADVOCATE)
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:1964 WP No. 730 of 2024
…RESPONDENTS
(BY SRI. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) 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.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Bharath Kumar V., learned counsel appearing
for the petitioner and Sri. Manjunath, the learned HCGP appearing for the respondents.
NC: 2024:KHC:1964 WP No. 730 of 2024
2. The petitioner is before this Court, seeking the
following prayers:
would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench in the case of M/S NAVARANG ASSOCIATION Vs. THE STATE OF
KARNATAKA1 , the Co-ordinate Bench has held as follows:
1 W.P.No.38068/2015 disposed on 09.09.2015
NC: 2024:KHC:1964 WP No. 730 of 2024
" Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.
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:-
“(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.
(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.
(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.
(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.
NC: 2024:KHC:1964 WP No. 730 of 2024
(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.
(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.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner – Club / Association.
(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.”
This writ petition is also disposed of in the aforesaid terms."
judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms.
Sd/JUDGE
SJK
3 issues framed by the court
Whether the petitioner association is required to obtain a license for playing games of skills like chess, carrom and rummy.
Whether the action of respondents in interfering with the recreation activity is arbitrary and illegal.
Whether the petitioner is required to comply with directions regarding security measures in the order of the co-ordinate bench.
Colour shows how this judgement treated each authority
M.S. Navarang Association vs. State of KarnatakaApplied¶35
M/S NAVARANG ASSOCIATION Vs. THE STATE OF KARNATAKA
The Media N. Members Club vs. State of KarnatakaApplied¶41
The Media N. Members Club vs. State of Karnataka and Others, W.P.No.30071/2014
4 provisions across 3 enactments
M/S. APPU ADIKEBELEGAARARA SPORTS AND RECREATIONAL ASSOCIATION
STATE OF KARNATAKA
SUPERINTENDENT OF POLICE, DAVANGERE DISTRICT
DEPUTY SUPERINTENDENT OF POLICE, DAVANGERE RURAL SUB DIVISION
STATION HOUSE OFFICER, MAYAKONDA POLICE STATION
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
