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2025 Supreme(Kar) 2222

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

Advocates Appeared:
For the Appellant : Shankar H.S.
For the Respondent: K.P. Yashodha

Recreational clubs must comply with statutory regulations to prevent illegal activities while being entitled to protection for lawful operations.

Headnote:(A) Karnataka Police Act, 1963 - Sections 2(7), 2(14), and 2(15) - Writ of mandamus - Petitioners sought protection for lawful operation of recreational club - Complied with previous orders; case covered by earlier judgment on recreational activities - Subject to various safety regulations, the court directed no interference with lawful activities. (Paras 1-12)

(B) Recreational Clubs - Legal framework - The functioning of recreational clubs requires adherence to safety, surveillance, and compliance measures to prevent illegal activities in alignment with public order. (Paras 4-21)

Facts of the case:
The petitioners requested a writ of mandamus to prevent interference with club activities, following established legal precedent and assuring compliance with regulations regarding public and health safety.

Findings of Court:
The court emphasized the need for strict compliance with safety regulations including surveillance, health protocols, and restrictions on unlawful gaming activities, allowing the petitioners to operate under these conditions.

Issues: The main issues pertained to the legal basis for recreational club activities and compliance with statutory safety measures.

Ratio Decidendi: The court reiterated that any unlawful activity from club members could result in regulatory action, while lawful recreational activities, conducted under specified conditions, were entitled to protection.

Result: Writ petition disposed of with conditions.

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

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