IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 33776 OF 2025 (GM-POLICE)

BETWEEN:

SRI.KALLESHWARA KRUSHIKARA RECREATION

ASSOCIATION (REGD.)

NO. 43, KARIGANUR CROSS, ANJANEYA NAGARA,

AN ASSOCIATION REGISTERED UNDER KSR ACT 1960

HONNAMARADI, KUKKUWADA-577525,

DAVANGERE TALUK, DAVANGERE DISTRICT.

REPRESENTED BY ITS PRESIDENT/SECRETARY,

SRI KALLESHAPPA P S.

…PETITIONER

(BY SRI. KEERTHI PRASAD D C, ADVOCATE)

AND:

1. STATE OF KARNATAKA

THROUGH ADDL. CHIEF SECRETARY,

HOME DEPARTMENT, VIDHANA SOUDHA,

DR. B.R. AMBEDKAR VEEDHI,

Digitally signed BANGALORE -560001.

by SHWETHA

RAGHAVENDRA

2. SUPERINTENDENT OF POLICE,

Location: HIGH

DAVANGERE DISTRICT,

COURT OF

DAVANGERE 577 005.

KARNATAKA

3. DEPUTY SUPERINTENDENT OF POLICE,

DAVANGERE CITY SUB DIVISION,

DAVANGERE - 577 005.

4. STATION HOUSE OFFICER,

DAVANGERE DISTRICT, DAVANGERE - 577 005.

…RESPONDENTS

(BY SMT.K.P.YASHODHA, AGA)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO OBTAIN A LICENSE FOR PLAYING GAMES OF SKILL SUCH AS CHESS, CARROM, AND RUMMY, EITHER UNDER THE KARNATAKA POLICE ACT, 1963 OR UNDER THE LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER, IN TERMS OF THE DIRECTIONS ISSUED BY THIS HONBLE COURT IN W.P. NO. 25163/2023 (M/S JAYASHREE RECREATION V.

STATE OF KARNATAKA) ANNX-E AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. Issue a writ in the nature of Mandamus, or any other appropriate writ, order or direction, directing the respondents not to insist upon the petitioner to obtain a license for playing games of skill such as chess, carrom, and rummy, either under the karnataka police act, 1963 or under the licensing and controlling of places of public amusement order, in terms of the directions issued by this Honble court in W.P. No. 25163/2023 (M/s Jayashree Recreation v. State Of Karnataka) Annx-

E.

b. Declare that the petitioner association is not required to obtain a license to carry on recreational activity in its schedule premises, so long as the activities remain confined to its registered members and are conducted in accordance with law.

c. Direct the respondents not to interfere with the lawful recreational activities of the petitioners members, except in accordance with law and in compliance with the conditions laid down in M/s Jayashree Recreation (supra).

d. Pass such other order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.

2. Learned AGA has placed on record the photographs and the inspection report.

3. A perusal of the said inspection report indicates that a temporary structure of zinc sheets as walls and even the roof of zinc sheets is in the process of being put up. A Recreation Club being used for purposes of playing games and other activities, it is required that the said construction is properly made by following due procedure including obtaining of plan sanction and building licence and in the event of the building requiring clearance from the fire department, such clearance also to be available since there would be large number of people who would be making use of the said premises and their life and liberty cannot be put at risk. In the present matter, the Committee which is being constituted by the Additional Chief Secretary is directed to consider the above aspects also during its deliberations. In the above matter when the construction which is sought to be put up is temporary in nature, the petitioner cannot be permitted to operate a recreational club in such a temporary structure and the petition stands dismissed reserving liberty to the petitioner to put up a proper construction by obtaining all the requisite permissions and applying for a per