IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
M/s. Marchants Q Sports and Recreation Association – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition No. 16643 of 2024
Decided On : 02-12-2025
| Table of Content |
|---|
| 1. petition for issuance of writs. (Para 1) |
| 2. legal representation and compliance with prior orders. (Para 2 , 3) |
| 3. addressing obligations for surveillance and safety compliance. (Para 4 , 5) |
| 4. membership verification and access control measures. (Para 6 , 7 , 8) |
| 5. prohibition of gambling and electronic gaming activities. (Para 9 , 10) |
| 6. internal regulatory measures for compliance. (Para 11) |
| 7. fire safety, building compliance, and public health regulations. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 8. police powers for inspection and enforcement. (Para 20) |
| 9. protection of lawful recreational activities. (Para 21) |
| 10. consequences for violations of the order. (Para 22) |
| 11. conclusion of the writ petition. (Para 23) |
ORDER :
1. The petitioners are before this Court seeking for the following reliefs:
a) Issue a Writ of mandamus, directing the Respondents not to interfere with the business carried on by the Petitioner i.e "The Marchant Q Sports and recreation Association" situated at No.1/A, Doddammathayee Kalyana Mantapa, (inside the compound) Udayagiri Main Road, N.R. Mohalla, Mysuru.
b) Issue such other Writ or Order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of Justice and equity.
2. Learned AGA has filed a memo along with the report. Her submission is that the petitioner club is functioning and that compliances have been made with the earlier orders.
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 for police verification whenever required.
7. Absolute Prohibition on Entry of Non-Members & Guests: The petitioner shall not permit any non- member to enter or make use of the premises for the purpose of playing any game or participating in any recreational activity, including:
7.1 Guests;
7.2 Temporary visitors;
7.3 Invitees; or
7.4 Proxy players.
8. The petitioner shall display conspicuous notice boards at all entry points stating that:
“Only valid members are permitted. Entry of
AI
Recreational clubs must comply with statutory regulations to prevent illegal activities while being entitled to protection for lawful operations.
The court affirmed that recreational associations must comply with statutory regulations to operate lawfully and prevent illegal activities.
A recreation club must adhere to strict safety regulations and prohibition of unlawful gaming, ensuring compliance with specified norms to conduct activities lawfully.
Lawful recreational activities are protected under the Karnataka Police Act, but regulatory compliance is mandatory to prevent unlawful practices.
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 affirmed that recreational clubs can operate skill-based games without a license, provided they comply with stringent regulations to prevent unlawful activities.
Recreational clubs must comply with strict regulatory conditions including CCTV installation, identity verification, and prohibition of unlawful gaming to ensure lawful activities.
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 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....
Skill-based games do not require licensing under state law, provided certain regulatory safeguards are strictly adhered to.
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