IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
The Merchants Club Rep. by its Secretary C. Mahadevappa – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No. 26137 of 2025
Decided On : 02-12-2025
| Table of Content |
|---|
| 1. petitioners seek prohibition on licensing. (Para 1) |
| 2. compliance with previous orders acknowledged. (Para 2 , 3) |
| 3. court disposes writ subject to conditions. (Para 4) |
| 4. cctv installation and data preservation mandated. (Para 5) |
| 5. identity verification through issuance of cards. (Para 6) |
| 6. non-members prohibited from club entry. (Para 7) |
| 7. prohibition on games of chance and stakes. (Para 8 , 9) |
| 8. digital gaming safeguards established. (Para 10) |
| 9. internal regulatory committee required. (Para 11) |
| 10. compliance with fire safety regulations mandated. (Para 12 , 13) |
| 11. building safety and electrical compliance required. (Para 14 , 15) |
| 12. public health and sanitation regulations required. (Para 16) |
| 13. emergency preparedness protocols established. (Para 17) |
| 14. noise control and community impact regulations. (Para 18) |
| 15. consequences for safety violations specified. (Para 19) |
| 16. police inspection and monitoring powers confirmed. (Para 20) |
| 17. protection of lawful activities affirmed. (Para 21) |
| 18. statutory powers and consequences of violation. (Para 22) |
| 19. writ disposed; no costs. (Para 23) |
ORDER :
1. The petitioners are before this Court seeking for the following reliefs:
a) Issue any appropriate order, direction or writ in the nature of prohibition restraining the respondents and their subordinate officials from insisting on the petitioner club to obtain license to run the recreation club.
b) Restrain the respondents or their agents or officials or any acting under them from interfering with the carrying on of the recreational activities in the petitioner club premises.
c) Grant such other relief or consequential relief as this court deems fit in the facts and circumstances of the case in the interest of justice and equity.
2. Learned AGA on instructions submits that the club is running and functioning, and compliance has also been made with the applicable norms.
3. Both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P. No. 101799/2016 (GM-Police) in Srimanth Ramchandrarao Appasaheb Club, Jamakhandi Vs. State of Karnataka.
4. In view of the settled legal position governing recreational clubs and gaming activities, the writ petition is disposed of subject to the following mandatory terms, safeguards, and regulatory conditions, which shall be scrupulously complied with by the petitioner without any default:
5. Surveillance, CCTV Installation & Data Preservation:
5.1. Installation of CCTV System: The petitioner shall, within a period of six (6) weeks from the date of receipt of this order, install fully functional Closed-Circuit Television (CCTV) cameras at:
5.1.1. All points of ingress and egress;
5.1.2. All common areas; and
5.1.3. All locations where any game or recreational activity is carried on by the members.
5.2. The CCTV system shall be equipped with date-and-time stamping and shall remain in continuous working condition at all material times.
5.3. The CCTV footage shall be securely preserved for a minimum continuous period of fifteen (15) days.
5.4. The petitioner shall produce such CCTV footage forthwith before the jurisdictional police or any authorised officer whenever lawfully called upon to do so.
5.5. Any tampering, disabling, destruction, alteration, or failure to preserve CCTV footage shall constitute a grave violation and shall invite action in accordance with law.
6. Membership Identity, Verification & Access Control:
6.1. Issuance of Identity Cards: The petitioner shall issue tamper-proof identity cards to every member, containing:
6.1.1. Photograph;
6.1.2. Unique membership number;
6.1.3. Validity period; and
6.1.4. Club seal and security authentication.
6.2. Every member shall carry the identity card at all times while present in the premises and shall produce the same upon demand before the jurisdictional police during any raid, inspection, surveillance, or verification.
6.3. The petitioner shall maintain a digitally updated membership register, which shall be produced f
AI
A recreation club must adhere to strict safety regulations and prohibition of unlawful gaming, ensuring compliance with specified norms to conduct activities lawfully.
The court affirmed that recreational associations must comply with statutory regulations to operate lawfully and prevent illegal activities.
Recreational clubs must comply with strict regulatory conditions including CCTV installation, identity verification, and prohibition of unlawful gaming to ensure lawful activities.
Distinction established between lawful games of skill and illegal gambling, allowing recreational clubs to operate under strict compliance with safety and surveillance regulations.
The court establishes strict compliance requirements for recreational clubs to ensure lawful activities, safety, and prohibit unlawful gaming practices under the Karnataka Police Act.
The court affirmed that recreational clubs can operate skill-based games without a license, provided they comply with stringent regulations to prevent unlawful activities.
Lawful recreational activities are protected under the Karnataka Police Act, but regulatory compliance is mandatory to prevent unlawful practices.
Skill-based games do not require licensing under state law, provided certain regulatory safeguards are strictly adhered to.
The court affirmed the distinction between games of skill and games of chance, subjecting the operation of recreational clubs to strict regulatory conditions while protecting lawful activities from u....
Recreational clubs must comply with statutory regulations to prevent illegal activities while being entitled to protection for lawful operations.
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