THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 7 NOT TO INSIST THE PETITIONER TO OBTAIN THE LICENSE EITHER UNDER KARNATAKA POLICE ACT OR UNDER THE PROVISIONS OF LICENSING AND CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ACT/ORDER 2002 TO RUN THE ACTIVITIES OF THE PETITIONERS CLUB SITUATED AT CA 01 MEASURING (140 PLUS 115)/2X67.0 METERS SITUATED AT DEVANOORU III STAGE, MYSURU CITY MOREFULLY DESCRIBED IN THE SCHEDULE OF THE LEASE DEED DATED- 12/06/2019 VIDE ANNEXURE-B WHICH BECAME THE SUBJECT MATTER OF THE PETITIONERS CLUB BY VIRTUE OF THE REGISTERED TRUST DEED DATED- 12/07/2021 VIDE ANNEXURE-C WHICH IS ENGAGED IN CONDUCTING INDOOR AND OUTDOOR GAMES LIKE FOOTBALL, VOLLEY BALL, BADMINTON, CHESS AND CAROM RUMMY ETC., AND OTHER ALLIED GAMES IN THE PETITIONERS CLUB AND OTHER ALLIED GAMES BY THE MEMBERS IN ANY MANNER WHATSOEVER WITHOUT PRIOR NOTICE OR VALID EVIDENCE WHICH IS PUT TO STRICT PROOF 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 of Mandamus directing the Respondent No.2 to 7 not to insist the Petitioner to obtain the license either under Karnataka Police Act or under the provisions of Licensing and Controlling of Places of Public Amusement Act/Order 2002 to run the activities of the Petitioner’s club situated at CA 01 measuring (140+115)/2X67.0 meters situated at Devanooru III stage, Mysuru City more fully described in the schedule of the Lease Deed dated: 12.06.2019 vide Annexure-B which became the subject matter of the Petitioner’s club by virtue of the Registered Trust Deed dated: 12.07.2021 vide Annexure-C which is engaged in conducting indoor and outdoor games like football, volley ball, badminton, chess and carom rummy etc., and other allied games in the Petitioner’s Club and other allied games by the members in any manner whatsoever without prior notice or valid evidence which is put to strict proof.

b) Issue any other writ, order or direction and grant such other and further relief’s as this Hon’ble court deems fit and proper under the circumstances of this case, in the interest of justice and equity.

2. Learned AGA on instructions submits that the club is running and functioning, and compliance has also been made with the applicable norms.

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 settled legal position governing recreational clubs and gaming activities, the writ petition is disposed of subject to the following mandatory terms, safeguards, and regulatory conditions, which shall be scrupulously complied with by the petitioner without any default:

5. Surveillance, CCTV Installation & Data Preservation

5.1. Installation of CCTV System: The petitioner shall, within a period of six (6) weeks from the date of receipt of this order, install fully functional Closed-Circuit Television (CCTV) cameras at:

5.1.1. All points of ingress and egress;

5.1.2. All common areas; and

5.1.3. All locations where any game or recreational activity is carried on by the members.

5.2. The CCTV system shall be equipped with date-and-time stamping and shall remain in continuous working condition at all material times.

5.3. The CCTV footage shall be securely preserved for a minimum continuous period of fifteen (15) days.

5.4. The petitioner shall produce such CCTV footage forthwith before the jurisdictional police or any authorised officer whenever lawfully called upon to do so.

5.5. Any tampering, disabling, destruction, alteration, or failure to preserve CCTV footage shall constitute a grave violation and shall invite action in accordance with