SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Kar) 23944

KARNATAKA HIGH COURT
B M SHYAM PRASAD, J
MALNAD KRUSHIKARA KREEDE HAGU MANORANJANE SANGHA (R) – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WRIT PETITION NO. 25435 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. PRATHEEP.K.C.
For the Respondents: SMT.K.P. YASHODHA.

The Court ruled that no license is required for recreational activities while emphasizing compliance with safety standards.

Headnote:(A) Karnataka Societies Registration Act, 1960 - Writ of Mandamus - The petitioner, an association, contends it should not require a license for conducting recreational activities - Consistent view of the court indicates that no license is necessary for such activities if certain facilities are ensured. (Paras 2 and 3)

(B) Police Regulation - Enforcement concern - The court stated that recreational entities must maintain certain standards but confirmed their rights to operate without undue interference from police authorities, provided they comply with regulations concerning illegal activities. (Paras 4, 5, and 6)

Facts of the case:
The petitioner argues against a demand for a license from police authorities for conducting recreational activities, asserting that it should not be necessary. The court acknowledges established precedents supporting this view.

Findings of Court:
The petition stands disposed with directives aimed at ensuring compliance with safety and operational standards while protecting the association's right to conduct its activities.

Issues: The principal issue was whether a license is required for conducting recreational activities, with reference to legal obligations of safety and compliance.

Ratio Decidendi: The Court maintained that entities engaged in recreational activities should not require a license while ensuring they meet regulatory standards to avoid unlawful practices.

Result: The respondents are directed not to interfere with lawful recreational activities.

ORAL ORDER

The petitioner is an association registered under the Karnataka Societies Registration Act, 1960, and the petitioner asserts that it is constituted with the objective of permitting both outdoor and indoor sports. The petitioner contends that it is under duress from the respondents to obtain license though it is settled that no licence is required for entities that are engaged in recreational activities and permitting such sports.

Sri Pratheep K.C., the learned counsel for the petitioner, relying upon the afore and certain decisions of this Court, submits that this Court must direct the respondents not to insist upon license and permit the petitioner to operate without any restraints from the respondents. This Court on 21.08.2025 has called upon Smt.K.P.Yashodha, the learned Additional Government Advocate, to secure instructions from the respondents for disposal of the petition. The learned Additional Government Advocate submits that the jurisdictional police have instructed in writing that the petitioner has created all facilities for its activities but it has not taken any permission from the panchayath.

This Court must observe that this Court's consistent view has been that if an entity is engaged in permitting recreational activities such as sports, no license is required but those entities must ensure certain facilities. This Court must refer to the orders of this Court in W.P.No.46986/2018 , which is decided on 28.11.2018. In the light of this consistent view, the petition stands disposed of on the following terms:

ORDER

[a] The petitioner shall install CC TV cameras at the places of access to its members and also at all the places, wherein game(s) is/are played by the members within a period of six weeks. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner to the jurisdictional police, as and when called upon to do so.

[b] The petitioner shall issue identity card(s)

to all its member(s), which shall be produced by the member(s), when called upon by the concerned police, during the raid(s), survelliance, etc.

[c] The petitioner shall not allow any non-

member(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of game(s)

or recreational activities.

[d] The petitioner shall not permit any activity by any of its member(s), that fall within the definition of Sections 2(14) & 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub- section (7) of Section 2 of Karnataka Police Act , 1963. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s) played.

[e] The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to take action against the petitioner and the offenders, in accordance with law.

[f] The jurisdictional police shall have liberty to visit premises periodically and/or on receipt of any information about any unlawful activity being carried on in the petitioner’s premises.

[g] The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association.

[h] It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner is/are found to have indulged in any unlawful or immoral activities.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top