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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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