W.P.No.200945/2022
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION NO.200945/2022 (GM-POLICE)
BETWEEN:
NAVARANG RE-CREATION ASSOCIATION
NIDAGUNDI, TQ. NIDAGUNDI,
DIST. VIJAYAPURA-585106,
R/BY ITS PRESIDENT,
SANGAMESH S/O SHIVASHANKRAPPA BALIGAR,
AGE. 43 YEARS, OCC. BUSINESS,
R/O RUDESHWAR NAGAR,
NIDAGUNDI, TQ. NIDAGUNDI,
DIST. VIJAYAPURA-586101.
… PETITIONER
(BY SMT.NEEVA M.CHIMKOD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,
DR. B.R.AMBEDKAR VEEDHI,
VIDHANA SOUDHA, BANGALORE-560001.
2. THE DEPUTY COMMISSIONER
VIJAYAPURA, DIST. VIJAYAPURA-586101.
W.P.No.200945/2022
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3. THE SUPERINTENDENT OF POLICE
VIJAYAPURA, DIST. VIJAYAPURA-586101.
4. THE DEPUTY SUPERINTENDANT OF POLICE,
BASAVANA BAGEADI,
DIST. VIJAYAPURA-586101.
5. THE CIRCLE INSPECTOR OF POLICE,
BASAVANA BAGEWADI, DIST. VIJAYAPURA.
6. THE SUP-INSPECTOR OF POLICE,
NIDAGUNDI, TQ. NIDAGUNDI,
DIST. VIJAYAPURA.
… RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING ISSUE A
WRIT/ORDER OR DIRECTION IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENTS NOT TO INTERFERE IN THE
DAY TO DAY AFFAIRS AND RUNNING OF THE PETITIONER
RECREATIONAL CLUB.
THIS
PETITION
COMING
ON
FOR
PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
The petitioner-Association has filed the instant writ
petition
seeking
an
appropriate
order
against
the
respondents as it is alleged by the petitioner that
respondents have been interfering with day to day affairs of
the petitioner club.
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2.
Learned counsel for the petitioner submits that
the petitioner-Association is a registered body and its
Members have been indulging in indoor and outdoor games
and other activities within the club premises which are
neither unlawful nor illegal. She submits that the respondents
No.5 and 6 - authorities are interfering with the petitioner
Association's day to day affairs on the ground that the
petitioner-Association is required to secure the licence form
the competent authority for the purpose of running a
recreation club. She has relied upon the orders passed by
this Court in Writ Petition No.203740/2019 disposed of on
23.09.2019 and submits that even the present writ petition
could be disposed of in terms of the order passed by the
Division Bench of this court in Writ Appeal No.200290/2015
and the Review Petition No.200029/2016 which has been
taken into consideration by the Coordinate Bench of this
Court while disposing of Writ Petition no.203740/2019 .
3.
Learned
Additional
Government
Advocate
appearing on behalf of the respondents submits that the
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allegations made in the writ petition are not correct and the
respondents No.3 to 6 have not demanded for securing any
licence for the purpose of running a recreation club. He
submits that respondents No.5 and 6 have taken action in
accordance with law and no high handed action has been
taken by the respondents No.3 to 6 till date. This court in
series of writ petitions has disposed of the similar matters
imposing certain conditions on the petitioner as well as the
respondents.
4.
The Coordinate Bench of this Court in Writ
Petition No.207054/2014 disposed of on 15.12.2014 has
imposed certain conditions while disposing of similar writ
petitions. Considering the same even this writ petition is
disposed of in terms of order made in Writ Petition
No.207054/2014 disposed of on 15.12.2014. Accordingly, the
following :
ORDER
The writ petition is allowed.
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(i)
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 all the
places, wherein games(s) is / are played by
the members. The CC TV footage of atleast
prior 15 days’ period shall be made
available by the petitioner, to the 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
police, during the raid(s) and survelliance
etc.
(iii)
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.
(iv)
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 police find that game(s)
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played is contrary to any law and in
violation of the settled practice, it is open
to them to take action against petitioner
and the offenders, in accordance with law.
(v)
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.
(vi)
The
respondents
are
directed
not
to
interfere
with
the
lawful
recreational
activities carried on by the members of the
petitioner – Club / Association.
(vii)
It is made clear that this order would not
come in the way of the jurisdictional police
invoking the provisions of the Act and
taking action in accordance with law, if the
member(s) of the petitioner are found to
have indulged in any unlawful or immoral
activities.
No order as to costs.
Sd/-
JUDGE
sn
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