IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF NOVEMBER, 2022

BEFORE

THE HON9BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION No.22854/2022 (GM-RES)

BETWEEN:

SRI SIRAGALLI LAKSHMIDEVI RECREATION CLUB (R)

T. MEGADAHALLI GRAMA,

TALAKADU HOBLI,

T. NARASIPURA TALUK,

MYSORE DISTRICT 3 571 122

REPRESENTED BY ITS SECRETARY

SRI SHANTARAJU B.

(REGISTRATION UNDER KARNATAKA

SOCIETY ACT, 1960)

... PETITIONER

(BY SMT. RESHMA K.T., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

BY ITS SECRETARY,

HOME DEPARTMENT,

VIDHANA SOUDHA,

BANGALORE 3 560 001.

2.

THE SUPERINTENDENT OF POLICE,

MYSORE DISTRICT,

MYSORE 3 571 301.

3.

THE DEPUTY SUPERINTENDENT OF POLICE

NANJANGUD 3 571 301,

MYSORE RURAL.

4.

THE CIRCLE INSPECTOR OF POLICE

TALAKADU 3 571 122,

MYOSRE DISTRICT.

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5.

THE SUB INSPECTOR OF POLICE

TALAKADU 3 571 122,

MYSORE DISTRICT.

... RESPONDENTS

(BY SRI K.S. ARUN, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

DECLARE THAT THE PETITIONER IS NOT REQUIRED TO OBTAIN

ANY PERMISSION OR LICENSE UNDER THE PROVISIONS OF

LICENSING AND CONTROLLING OF PLACES OF THE PUBLIC

AMUSEMENT ORDER TO PLAY INDOOR GAMES SUCH AS RUMMY

(CARD GAME), CHESS, CAROM, BILLIARDS/SNOOKER, SKILLED

GAMES AND OTHER INDOOR AND OUTDOOR GAMES FOR THE

BENEFIT OF ALL ITS MEMBERS.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

The petitioner in this writ petition is seeking

direction to the respondents to declare that the

petitioner is not required to obtain any permission or

licence under the provisions of the Licensing and

Controlling of Places of the Public Amusement Order

to Play Indoor Games such as Rummy (Card Games),

Chess, Carom, Billiards/Snooker, Skilled games and

other indoor and outdoor games for the benefit of all

its members and sought for a mandamus directing the

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respondents not to insist the petitioner to obtain

license

from

the

provisions

of

Licensing

and

Controlling of Places of the Public Amusement Order

with the Recreational Activities to be carried on by the

members of the petitioner association situated at

T.Megadahalli Grama, Talakadu Hobli, T.Narasipura

Taluk, Mysore District.

2.

Brief facts leading to the filing of this

writ petition are that, petitioner is a recreation

club registered under the Karnataka Societies

Registration Act, 1960 with the Registrar of

Societies,

Mysore

vide

registration

No.DRMY/SOR/22/2022-2023 dated 13/4/2022.

3.

According

to

the

petitioner

after

registration, the petitioner approached the respondent

Nos.2 to 5 to permit recreational activities i.e., indoor

games such as Rummy (card games), Chess, Carom,

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Billiards/Snooker, Skilled games and other indoor and

outdoor games to all its members within the premises

of its association. However, the respondents have

refused to permit the petitioner to run the recreational

activities stating that they require licence to carry out

the activities under the provisions of Karnataka Police

Act and are creating unnecessary obstructions for

opening the recreation association and to run the

recreational activities by the petitioner/recreation club

to its members.

4.

The State has not filed any objection to the

writ petition.

5.

Heard learned counsel for the petitioner,

Smt.Reshma K.T. and Sri K.S.Arun, learned High

Court Government Pleader for the respondents.

6.

Learned counsel on both sides submit that

lis in the present petition is squarely covered by the

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judgments of the Apex Court in the case of The State

of Andhra Pradesh Vs. K. Satyanarayana and

others

reported

in

[AIR

1968

SC

825]

(Satyanarayana) and the Division Bench of this Court

in the case of Sanna Adike Belegarara Recreation

Association & others vs. State of Karnataka &

others [ILR 2000 Kar 4822], (Sanna Adike

Belegarara Recreation Ass