IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108403 OF 2025 (GM-POLICE)

BETWEEN:

SWAGAT GELEYRA BALAGA, AT HALIYAL BUS STAND ROAD HALIYAL, DISTRICT KARWAR 581329 R/BY ITS PRESIDENT MOHAN NAGESH CHAVAN AGE 63 YEARS OCC BUSINESS R/O MATHOSHREE, ANEGUNDI PLOT BEHIND BUS STAND, HALIYAL UTTAR KANNADA-581329.

…PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA R/BY ITS SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA, Digitally signed by BENGALORE 560001.

RAKESH S HARIHAR Location: High Court of Karn ataka, 2. SUPERINTENDENT OF POLICE Dharwad Bench, KARWAR DISTRICT (UTTAR KANNADA)

Dharwad KARWAR 581301.

3. CIRCLE POLICE INSPECTOR HALIYAl, DIST KARWAR 581329.

4. THE SUB INSPECTOR OF POLICE HALIYAL POLICE STATION HALIYAl,DIST KARWAR 581329 …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

A. WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ENABLE THE PETITIONER TO CARRY-OUT THE RECREATIONAL ACTIVITIES IN PURSUANCE OF THE ORDER PASSED BY THIS HONBLE COURT IN WP NO.100859/2018 (GM POLICE) DATED 25.04.2018 VIDE ANNEXURE-A.

B. WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2-4 NOT TO REMVOE THE CCTV CAMERAS ALONG WITH DVRS INSTALLED IN THE PREMISES OF THE PETITIONER VIDE ANNEXURE-C.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.100859/2018, disposed off on 25^th April

2018. The Coordinate Bench of this Court held as follows:

“The petitioner a society registered under the provision of the Karnataka Societies Registration Act, 1960 lays a challenge to the alleged interference of the respondents No.2, 3 and 4 in the lawful activities of the society, on the ground that the said activities in question are being recreational activity in question are being carried out without the license by the competent Authority.

2. The learned counsel for the respondents submits that the matter is squarely covered by judgments o f this Court at Annexures-C and D to the writ petition. This Court in its judgment dated 11.05.2017 in writ petition No.21211/2017 (GM-Police) has imposed the following conditions:

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

(ii) The petitioner shall issue identity car(s) to all its member(s), which shall be produced by the member(s), when called upon by the police, during the raid(s) and surveillances etc.

(iii) The petitioner shall not allow any nonmember(s) or the guest(s) of the member(s), to make use of its premises for the purpose of playing any kind of games(s) or recreational activities.

(iv) The petitioner shall not permit any activity by any o f its member(s), by indulging in acts o f amusement, falling within the definition of SS.2(14) & 2(15) of the Act and shall not permit any game(s) o f chance as per Explanation (II) of Sub-Section (7) o f Section 2 of Karnataka Police Act, 1963. The members(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out o f the game(s) played.

(v) The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlaw ful manner by the member(s). I f the police find that game(s) played in contrary to any law and in violation of the settled practice, it is open to them to take action against petitioner and the offenders, in accordance with law