Partly allowed

The Kushi Recreation Club (R) v. State of Karnataka

Karnataka HC16 Jan 2024WP/738/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition regarding a recreation club seeking to avoid license requirements and obtain society registration. The court held the issue was covered by coordinate bench precedents and disposed the matter on the same lines.

What did the court decide?

Petition disposed on the same terms as M/S Navarang Association (CPM) v. State of Karnataka.

The Kushi Recreation Club (R) Vs State of… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:1963 WP No. 738 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 738 OF 2024 (GM-POLICE)

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BETWEEN:

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THE KUSHI RECREATION CLUB (R), VIRAJPET, YET TO BE REGISTERED UNDER SOCIETIES REGISTRATION ACT, KODAGU DISTRICT, REPRESENTED BY ITS PRESIDENT KISHORE KUMAR SHETTY, S/O SHASHIKANTH K.B, AGED ABOUT 35 YEARS, SUNNADABEEDI, VIRAJPET TALUK, KODAGU - 571 218.

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…PETITIONER

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(BY SRI. C.N. RAJU, ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, DEPARTMENT OF HOME, VIDHANA SOUDHA, REPRESENTED BY ITS PRESIDENT, BANGALORE - 560 001.

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THE SUPERINTENDENT OF POLICE, KODAGU DISTRICT, KODAGU - 571 253.

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THE DEPUTY SUPERINTENDENT OF POLICE, VIRAJPET TALUK, MADIKERI - 571 203.

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NC: 2024:KHC:1963 WP No. 738 of 2024

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THE CIRCLE INSPECTOR OF POLICE, VIRAJPET, KODAGU DISTRICT - 571 218.

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THE DISTRICT REGISTRAR AND REGISTRAR OF SOCIETIES, KODAGU DISTRICT, MADIKERI - 571 203.

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…RESPONDENTS

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(BY SRI. MANJUNATH, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN THE LICENSE TO CARRY ON LAWFULLY ACTIVITIES IN THE PREMISES OF THE PETITIONERS ASSOCIATION / CLUB EITHER, UNDER THE POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACE OF PUBLIC AMUSEMENT ORDER AND NOT TO INTERFERE IN THE PLAY OF CRICKET, FOOTBALL, KABBADI, AND INDOOR / SKILL GAMES OF ELECTRONIC COIN GAME, CAROM, CHESS, TABLE TENNIS, RUMMY CARDS, THIRTEEN CARDS, SNOOKER, ETC., WHICH ARE THE GAMES OF SKILL AS HELD BY THIS HONBLE COURT IN VARIOUS WRIT PETITION AND 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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Heard Sri. C.N. Raju, learned counsel appearing for the petitioner and Sri. Manjunath, the learned HCGP appearing for the respondents.

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The petitioner is before this Court, seeking the

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following prayers:

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"i) Issue a writ of mandamus directing the respondents not to insist upon the petitioner to

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NC: 2024:KHC:1963 WP No. 738 of 2024

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obtain the license to carry on lawfully activities in the premises of the petitioners association/club, either under the police act or under the provisions of licensing and controlling of place of public amusement order and not to interfere in the play of cricket, football, kabbadi, and indoor/skill games of Electronic Coin Game, carom, chess, table tennis, Rummy Cards, Thirteen Cards, Snooker, etc., which are the games of skill as held by this Hon'ble court in various writ petition and

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ii) to direct the 5th respondent herein to register the Petitioner Society as per Societies Registration Act without insisting for any NOC from any department Vide ANNEXURE"C". Letter No.DRI/SOCIETIES REGISTRATION/NOC/2023-24 dated: 06/11/2023.

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iii) Issue any such other writs, orders or directions as this Hon'ble court deems fit to grant under the facts and circumstances of the case in the interest of justice.”

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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

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judgment rendered by the Co-ordinate Bench in the case of 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

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

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NC: 2024:KHC:1963 WP No. 738 of 2024

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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 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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NC: 2024:KHC:1963 WP No. 738 of 2024

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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 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 and the facts

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being undisputed, the petition stands disposed on the same terms.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 80 CT: BHK

The Kushi Recreation Club (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

The Kushi Recreation Club (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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