M/S Star Association Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

M/S Star Association Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with an observation that the respondents shall not interfere with the affairs of the petitioner except as is permissible in law.

Issue for consideration

Whether the respondent authorities ought to consider the petitioner's representation dated 15.04.2025 (Annexure-C). +1 more

Court's answer

The petition is disposed of with the observation that the respondents shall not interfere with the affairs of the petitioner except as is permissible in law.

Ratio / Principle

Once the activities of the members of the petitioner association are carried on lawfully, the question of respondent police interfering would not arise unless the activities contravene any provision of law.

Key takeaways

It is always open to the respondent authorities to exercise the powers vested in them if they have information regarding commission of an offence or violation of law, and such action of the respondent police cannot be considered to be interference.ratio¶45

Detailed headnote1 paragraphs

Writ Petition No. 15303 of 2025 (GM-POLICE), High Court of Karnataka at Bengaluru, S Sunil Dutt Yadav, J., decided 12 June 2025 (NC: 2025:KHC:20221). A registered society (M/S Star Association) carrying on lawful business of conducting recreational activities in game of skill, alleging harassment of its members by the office of the Deputy Commissioner of Police, sought a direction to respondent Nos. 1 and 5 to consider its representation dated 15.04.2025 (Annexure-C). The Court held that once the members' activities are carried on lawfully, police interference would not arise unless the activities contravene any provision of law; however, it remains open to the authorities to exercise their vested powers if they have information regarding commission of an offence or violation of law, and such action cannot be considered interference. The petition was disposed of with an observation that the respondents shall not interfere with the affairs of the petitioner except as is permissible in law.

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NC: 2025:KHC:20221 WP No. 15303 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 15303 OF 2025 (GM-POLICE)

BETWEEN:

M/S STAR ASSOCIATION REGISTERED OFFICE AT NO.97, 3^RD FLOOR,

GANDHI BAZAR MAIN ROAD BASAVANAGUDI BENGALURU - 560 007 REPRESENTED BY ITS PRESIDENT G. KRISHNAJI UNDER KSR ACT, 1965.

… PETITIONER

(BY MS. YAMINI MUNIRAJ., ADVOCATE)

AND:

Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA REPRESENTED BY ITS

PRINCIPAL SECRETARY AMBEDKAR VEEDHI VIDHANA SOUDHA

BENGALURU - 560 001.

THE COMMISSIONER OF POLICE INFANTRY ROAD VASANTHANAGAR

BENGALURU - 560 001.

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HC-KAR

DEPUTY COMMISSIONER OF POLICE SOUTH DIVISION

BENGALURU - 560 004.

ASSISTANT COMMISSIONER OF POLICE BASAVANAGUDI SUB-DIVISION

BENGALURU - 560 004.

THE STATION HOUSE OFFICER BASAVANAGUDI POLICE STATION BENGALURU CITY POLICE BENGALURU - 560 004.

… RESPONDENTS

(BY SRI. RAHUL CARIAPPA, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION/ANY OTHER WRIT TO CALLING UPON R1 AND 5 AUTHORITIES TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER ON 15.04.2025 PRODUCED AS ANNEXURE -C AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The petitioner has sought for issuance of writ of

mandamus to respondent Nos.1 to 5 to consider the representation at Annexure-'C' dated 15.04.2025. By

virtue of the representation at Annexure-'C', the petitioner states that they are Society registered and carrying on lawful business by conducting recreational activities in

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NC: 2025:KHC:20221 WP No. 15303 of 2025

HC-KAR

game of skill. It is further submitted that the Office of the respondent Deputy Commissioner have been harassing the Members of the petitioner Association.

It is further asserted that they have been

carrying on lawful business by obtaining lawful licence. Accordingly, it is submitted that the representation of petitioner may be considered by the respondents.

It is settled position in law that once the

activities of Members of petitioner Association are being carried on lawfully, the question of respondent Police interfering would not arise unless the activities contravene

any provision of law. Needless to state that, it is always open to the respondent Authorities to exercise the powers vested in them, if they have information regarding commission of offence or violation of law. Such action of the respondent Police cannot be considered to be interference.

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NC: 2025:KHC:20221 WP No. 15303 of 2025

HC-KAR

Accordingly, observing that the respondents not to

interfere with the affairs of the Petitioner except as is permissible in law, the petition is disposed off.

SD/(S SUNIL DUTT YADAV) JUDGE

VGR