Karnataka High Court
Goldman Club vs The State Of Karnataka on 7 October, 2020
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 07TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.147907 OF 2020 (GM-POLICE)
BETWEEN
GOLDMAN CLUB
C/O. CHANNAPPA CHANABASAPPA SALAGAR,
BLOCK NO.22 (V P C NO.280), YARIKOPPA,
TQ & DIST : DHARWAD
REPREENTED BY ITS PRESIDENT,
PARAMESHWAR S/O. CHANNAPPA SALAGAR
AGE : 46 YEARS, OCC : BUSINESS,
R/O : YARIKOPPA, TQ & DIST : DHARWAD.
... PETITIONER
(BY SRI. R. B. HALLI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HOME,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-01
2. THE SUPERINTENDENT OF POLICE
DHARWAD DISTRICT,
TQ & DIST : DHARWAD,
PIN CODE: 580001.
3. THE DEPUTY SUPERINTENDENT OF POLICE
TQ & DIST : DHARWAD,
PIN CODE: 580001.
4. THE CIRCLE INSPECTOR OF POLICE
DHARWAD RURAL POLICE STATION,
2
TQ & DIST : DHARWAD,
PIN CODE: 580001.
5. THE SUB-INSPECTOR OF POLICE
DHARWAD RURAL POLICE STATION,
TQ & DIST : DHARWAD.
PIN CODE: 580001.
... RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT/ORDERS DIRECTING THE RESPONDENTS
AUTHORITIES NOT TO INSIST UPON THE PETITIONER CLUB IS
CONCERNED TO OBTAIN LICENSE FOR LEGAL ACTIVITIES OF
PLAYING SKILL GAMES LIKE CHESS, DART GAME, RUMMY AND
CAROM TEC., EITHER UNDER KARNATAKA POLICE ACT 1960
OR UNDER THE LICENSING AND CONTROLLING OF PLACE OF
PUBLIC AMUSEMENT ORDER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THIS COURT, MADE THE FOLLOWING:
ORDER
The petitioner has filed this writ petition with the following prayers:
i) Issue a writ in the nature of mandamus or any other appropriate writ/orders directing the respondents authorities not to insist upon the petitioner club is concerned to obtain license for 3 legal activities of playing skill games like chess, dart game, rummy and carom etc., either under Karnataka Police Act 1960 or under the licensing and controlling of place of Public Amusement order, in the interest of justice and equity.
ii) Issue any other relief/s deems fit under the facts and circumstances of the case in the interest of justice and equity."
2. It is the case of the petitioner that it is an association/recreation club, registered under the provisions of Karnataka Societies Registration Act established with object of promoting sports, education, cultural, and recreation activities. The petitioner has its on bye-laws and it has been carrying on legally permissible activities only. The petitioner is catering to the skills of its member by conducting outdoor and indoor games i.e. chess, billiards, snooker, carom, cards, dart game, table tennis, basket ball etc., and it has not been carrying on any games of chance. It is their case that in spite of that, the respondents 4 and 5 are interfering with the legal activities of the petitioner and therefore, the 4 petitioner is constrained to approach this Hon'ble Court in this writ petition.
3. I have heard the learned counsel for petitioner and the learned Additional Government Advocate.
4. It is not in dispute that the petitioner is a registered association. The submissions made by the learned counsel for petitioner are not seriously disputed by the learned Additional Government Advocate. In any event, if there are any illegal activities being carried on by the petitioner club, it is always open for the concerned law enforcing authorities to take action in accordance with law. If the petitioner is running recreation club by only conducting legal activities, the police authorities shall not interfere unnecessarily.
5. The learned counsel for the petitioner has placed reliance on the orders passed by this Court in similar matters i.e. W.P.No.101814/2016 disposed of on 22.02.2016 and W.P.No.105979/2018 disposed of on 12.04.2019.
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6. Considering the orders passed in the aforesaid writ petitions, this writ petition is also disposed of with the following terms and conditions.
"(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 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.
(iv) The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the 6 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) of petitioner 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.
(v) 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) 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.
(vi) 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.
(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner-Club/Association.
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(viii) It is made clear that this order would not come in the way of the jurisdictional police taking action in accordance with law, if the member(s) of the petitioner are found to have indulged in any unlawful or immoral activities"
Writ petition is disposed of accordingly.
No order as to costs.
Sd/-
JUDGE yan