THE HIGH COURT OF KARNATAKA
ASHOK S. KINAGI
SHREE MALLIKA FRIENDS RECREATION CLUB – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 102915/2026
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.102915 OF 2026 (GM-POLICE)
BETWEEN:
SHREE MALLIKA FRIENDS RECREATION CLUB AT SRI RAMDAS COMPLEX, BANK ROAD, HONNAVAR, TQ. HONNAVAR, DIST. UTTARKANNADA, REP. BY ITS SECRETARY, UDAY MARTHU NAIK, AGE. 59 YEARS, OCC. BUSINESS, R/O. SALIHITTAL, HONNAVAR, DIST. KARWAR.
…PETITIONER (BY SRI. PRASHANT V.MOGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORU-560001.
2. THE DEPUTY COMMISSIONER, KARWAR-581301.
VIJAYALAKSHMI 3. THE SUPERINTENDENT OF POLICE, M KANKUPPI KARWAR-581301.
4. THE DY. SUPERINTENDENT OF POLICE, Digitally signed by VIJAYALAKSHMI KARWAR-581301.
M KANKUPPI Date: 2026.04.09 5. THE CIRCLE INSPECTOR OF POLICE, 17:12:55 +0530 HONNAVAR, DIST. KARWAR-581334.
6. THE POLICE SUB-INSPECTOR, HONNAVAR, DIST. KARWAR-581334.
…RESPONDENTS (BY SRI. T. HANAMAREDDY, ADDL. GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE IN LAWFUL ACTIVITIES OF THE PETITIONERS SOCIETY AND TO CARRY OUT RECREATIONAL ACTIVITIES IN PURSUANCE OF ANNEXURE A AND B AND ETC.,.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
Learned AGA accepts notice for respondent Nos.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs:
a) Issue a writ of mandamus directing the respondents not to interfere in lawful activities of the petitioner’s society and to carry out recreational activities in pursuance of Annexure A and B.
b) Issue such other writ / order / direction as deemed fit, in the interest of justice and equity.
3. Both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P.NO.101799/2016 (GM-POLICE) IN SRIMANTH RAMCHANDRARAO APPASAHEB CLUB, JAMAKHANDI VS. STATE OF KARNATAKA
4. In view of the aforesaid submissions and in the light of the decision in WP.No.101799/2016 (GM-Police) and with a view to maintain parity, writ petition is disposed of with the following directions:
i. The petitioner shall install CCTV 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 CCTV footages 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.
ii. 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), surveillance, etc.
iii. 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.
iv. The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling 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.
v. 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 taken action against the petitioner and the offenders, in accordance with law.
vi. 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.
vii. The respondents are directed not to
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