Yalagannavar Social Club Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Yalagannavar Social Club Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the Coordinate Bench directions: respondents (police authorities) directed not to interfere with the lawful recreational activities of the club's members, subject to safeguards (CC TV installation and footage preservation, member identity cards, exclusion of non-members/guests, prohibition of games of chance/play with stakes under the Karnataka Police Act, 1963), with liberty to police to visit the premises and take action in accordance with law against unlawful activity.

Issue for consideration

Whether the respondents can insist that the petitioner club obtain a licence for the play of carom, chess, rummy and burji etc. in its premises, either under the Karnataka Police Act or under the Licensing and Controlling of the Place of Public Amusement Order.

Court's answer

Both sides being in unison (counsel's submission undisputed by the AGA), the Court disposed of the writ petition in terms of the directions quoted from the Coordinate Bench judgment in W.P.No.21211/2017 (which had itself followed the order dated September 9, 2015 in W.P.No.38068 of 2015).

Ratio / Principle

As adopted as the terms of disposal, the members' lawful recreational activities cannot be interfered with by the respondents, subject to conditions: installation of CC TV cameras at access points and play areas with 15 days' footage available to police; issue of identity cards to members; no non-members or guests permitted to use the premises for games; no acts of amusement falling within Ss.2(14) & 2(15) of the Karnataka Police Act, 1963 nor games of chance under Explanation (II) to sub-section (7) of Section 2 thereof, and no play with stakes or for profit; jurisdictional police at liberty to visit premises periodically or on information and to act in accordance with law if unlawful activity is found.

Detailed headnote1 paragraphs

Writ Petition (GM-Police) under Articles 226 and 227 of the Constitution of India — Petitioner social club sought a writ of mandamus directing respondents not to insist upon it obtaining a licence for the play of carom, chess, rummy and burji etc. in its premises either under the Karnataka Police Act or under the Licensing and Controlling of the Place of Public Amusement Order — Held: the issue stood covered by the Coordinate Bench judgment in W.P.No.21211/2017 (disposed 11.05.2017), which had followed the order dated September 9, 2015 in W.P.No.38068 of 2015; the learned AGA did not dispute that position — Petition disposed of in terms of the afore-quoted directions, namely: (i) installation of CC TV cameras at all places of access and of play, with at least 15 days' footage to be made available to police on demand; (ii) issue of identity cards to all members producible during raids/surveillance; (iii) no non-member or guest of a member to use the premises for playing games or recreational activities; (iv) no acts of amusement within Ss.2(14) & 2(15) of the Karnataka Police Act, 1963 and no games of chance per Explanation (II) to sub-section (7) of Section 2 thereof; no play with stakes or for profit or gain; (v) proper mechanism to ensure games are not played unlawfully, failing which police may act against the petitioner and offenders in accordance with law; (vi) jurisdictional police free to visit premises periodically or on receipt of information about unlawful activity; (vii) respondents directed not to interfere with the lawful recreational activities of the members of the Club/Association; (viii) order does not bar police from invoking the Act and acting in accordance with law if members indulge in unlawful or immoral activities.

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NC: 2025:KHC-D:1766 WP No. 100350 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 29^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 100350 OF 2025 (GM-POLICE)

BETWEEN:

YALAGANNAVAR SOCIAL CLUB, VEERAPUR, BAGALKOTE, REP BY ITS SECRETARY, MOHAN S/O. DYAMANNA YALAGANNAVAR, AGE ABOUT. 37 YEARS, OCC. BUSINESS, R/O. TQ. VEERAPUR, DIST. BAGALKOT- 587103.

…PETITIONER

(BY SMT.JOSHNA P. DHANAVE, ADVOCATE)

AND:

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE -01.

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench

SUPERINTENDENT OF POLICE, NAVANAGAR, DIST. BAGALKOT- 587103.

CIRCLE POLICE INSPECTOR, DIST. BAGALKOT- 587103.

SUB-INSPECTOR OF POLICE DIST. BAGALKOT- 587103.

…RESPONDENTS

(BY SRI SHARAD V. MAGADUM, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENCE FOR THE PLAY OF CAROM,

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CHESS, RUMMY AND BURJI ETC., IN ITS PREMISES EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The learned counsel appearing for the petitioner

Smt.Joshna Dhanave submits that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench in W.P.No.21211/2017 disposed on 11^th May 2017.

The learned AGA Sri. Sharad V. Magadum would

not dispute the position of law as laid down by the Coordinate Bench in the aforesaid judgment.

The Coordinate Bench has held as follows:

“Heard.

2. Sri T.Nagaraja, learned counsel for the petitioner submits that this matter is covered by an order of this Court dated September 9, 2015 in W.P.No.38068 of 2015. The said submission is not disputed by the learned HCGP.

3. In the circumstances, this petition is disposed

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NC: 2025:KHC-D:1766 WP No. 100350 of 2025

of with 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 atleast 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 subsection (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.

(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 in 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

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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.”

4. Learned HCGP is permitted to file his memo of appearance in four weeks.”

4. In the light of the aforesaid submission, which

is in unison , the petition is disposed of in terms of the

afore-quoted directions.

Sd/-

(M.NAGAPRASANNA) JUDGE

KGK/CT-GTB List No.: 1 Sl No.: 39