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W.P.No.200945/2022

1

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

2

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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