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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 11TH DAY OF MARCH, 2022

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 100976 OF 2022 (GM-POLICE)

BETWEEN:

MAYUR CLUB

BLOK NO. 66, PLOT NO.3 AND

BLOK NO.67, PLOT NO.3 AND 4,

NAVALUR, TQ AND DIST. DHARWAD

REP. BY ITS SECRETARY

SRI. KALWAD ANAND S/O BHIMAREDDY

AGED ABOUT 65 YEARS, OCC: BUSINESS

…PETITIONER

(BY SRI. B. SHARANABASAWA, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF HOME MINISTRY

VIDHANA SOUDHA,

BENGALURU-01

2.

THE SUPERINTENDENT OF POLICE

HUBBALLI-DHARWAD

DHARWAD DISTRICT-580008

3.

THE SUB-INSPECTOR OF POLICE

HUBBALLI-DHARWAD

DHARWAD DISTRICT-580008

…RESPONDENT'S

(BY SRI. SHIVAPRABHU HIREMATH, AGA)

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WP No. 100976 of 2022

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA THIS WP IS FILED

PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER

APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE

RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO

OBTAIN

LICENSE

FOR

PLAYING

SKILL

GAME

AND

DART/RUMMY, CHESS, CAROM, TENNIKOIT ETC., EITHER

UNDER THE KARNATAKA POLICE ACT 1963 OR UNDER THE

LICENSING AND CONTROLLING OF THE PLACES OF PUBLIC

AMUSEMENT ORDER AND TO NOT TO INTERFERE WITH DAY

TODAY ACTIVITIES OF THE PETITIONERS CLUB, IN THE

INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, THE COURT MADE THE FOLLOWING:

The petitioner is before this Court seeking for the

following reliefs:

a) To issue a writ of mandamus or any other

appropriate writ, order or direction, directing the

respondents not to insist upon the petitioner to

obtain

license

for

playing

skill

game

and

dart/rummy, chess, carom, Tennikoit etc., either

under the Karnataka Police Act 1963 or under the

Licensing and Controlling of the places of Public

Amusement Order and to not to interfere with day

today activities of the petitioners Club, in the

interest of justice and equity.

b) Issue a writ of mandamus or any other

appropriate writ, order or direction, directing the

respondents to not to interfere with the day today

activities of the Club, which are legally permitted by

the concerned authorities under the appropriate

Licenses issued by them.

c) Issue such other appropriate writ, order or

direction as this Hon’ble Court deems fit under the

facts and circumstances of the case, in the interest

of justice and equity.

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The grievance of the petitioner is that, the petitioner is

only

conducting

skilled

sports

activities

in

the

recreation centre of the petitioner and therefore the

activities of the petitioner cannot be interfered with.

Sri.

B.

Sharanabasawa,

leaned

counsel

for

the

petitioner submits that the respondents cannot insist

for a license to be obtained under the Karnataka Police

Act, 1963, when the petitioner is only conducting skill

games. He also relies upon the decision of the

Coordinate

Bench

of

this

Court

in

W.P.No.101165/2019, where similar matter has been

considered by this Court.

4.

Learned AGA, who has accepted notice for all the

respondents submits that the present matter could also

be disposed of in terms of the order in the said

W.P.No.101165/2019.

5.

In view of the above, the present writ petition is

disposed of with the following directions:

a.

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

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all the places, wherein game/s is/are

played by the members. The CC TV footage

of at least prior 15 days’ period shall be

made available by the petitioner, to the

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

police,

during

the

raid(s)

and

surveillance 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), by indulging

in acts of amusement, falling within the

definition of Ss.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

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played in any unlawful manner by the

member(s). If the police find that any

of the game/s played is/are contrary to

any law and in violation of the settled

practice, it is open for them to take

action against 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 – 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 taki

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