Police authorities cannot impose licensing requirements on registered clubs for lawful skill games without evidence of unlawful activities.

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

Learned AGA takes notice for respondent Nos.1 to 5.

2. Heard the learned counsel for the petitioner and the learned AGA representing the respondents.

3. This petition is filed by the petitioner seeking writ of mandamus by way of direction to the respondents not to insist upon the petitioner to obtain license for playing skill games, indoor games like chess, carom, snooker, Volleyball, rummy etc., and further direction to the respondents not to interfere in the day-to-day affairs of the petitioner club.

4. The petitioner is a social club under the name of Diamond Social Creation Club, registered under the Karnataka Societies Registration Act, 1960 vide registration No.DRBG/SOR/1414/2024-2025 dated 27.03.2025. Petitioner is running several sports activities for adults, children and other members of the Club to train the members exclusively for sports. It is the grievance of the petitioner that the respondents started interfering with the affairs of the petitioner and orally asking the petitioner to stop the activities. Whereas, the respondents have given ultimatum and warning to close down the Club otherwise they would lock the premises for not obtaining license. Therefore, the petitioner is before this Court due to high handedness and arbitrary manner of the respondents in trying to coerce the petitioner not to run the sports activities in its Club.

5. Learned AGA for the respondents contends that, no such coercion or force has been made to the petitioner Club to obtain license and sign any documents nor interfered with the activities of the petitioner Club. He further contends that the respondents being the jurisdictional Police authorities are visiting to monitor whether any illegal or unlawful activities are being conducted in the petitioner’s Club. Apart from that there is no intention of the respondents either in coercing the petitioner from obtaining the license to those activities, which are not required to be obtained by law, or in any other manner whatsoever. Hence, he contends that this petition is premature as no such order has been issued or given to the petitioner to obtain license or to shut down the premises run by the petitioner.

6. Learned counsel for the petitioner relies on the judgment of this Court in the case of Blue Line Video Games Associates, Bangalore Vs. State of Karnataka and others¹

7. Admittedly, petitioner Club is registered under the Karnataka Societies Registration Act, 1960 . Having registered under the Societies Registration Act in accordance with law, has been running certain activities in imparting sports activities to its members, entry is restricted to non-members of the Club. The members of the Club are involved in playing games as stated above. When the petitioner is not involved in conducting or running any unlawful, illegal activities in the Club, respondents No.2 to 5 cannot insist upon obtaining license or permission for those games and sports activities for which no license is required under law. Of course, it is necessary for the petitioner to obtain license to run any of the activities/sports for which any license is prescribed under the law.

(2013) 2 KLJ 177

8. Learned counsel has also relied upon the judgment of this Court in the case of Kings Social Club Handigund Vs. State of Karnataka², wherein this Court in similarly situated circumstances has issued certain guidelines to the writ petitioner therein. Admittedly, on query, the petitioner's counsel submits that the entry is restricted only to the members of the Club by way of issue of identity cards and persons who are not members are not permitted to enter. Therefore, the contention of the petitioner that the respondents are insistin