Om Shikath Cultural vs State Of Karnataka on 19 March, 2014

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Karnataka High Court

Om Shikath Cultural vs State Of Karnataka on 19 March, 2014

Bench: S. Abdul Nazeer

                           1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 19TH DAY OF MARCH 2014

                        BEFORE

      THE HON'BLE MR. JUSTICE S. ABDUL NAZEER


     WRIT PETITION Nos.12963-12964/2014 (GM-POLICE)


BETWEEN :

1.     OM SHIKATH CULTURAL AND
       RECREATION ASSOCIATION ®
       NO.10(8/1), RAJAKAMAL HOTEL
       COMPLEX, 1ST MAIN, RADHAKRISHNA ROAD
       KUMAR PARK
       BANGALORE - 560 001
       REPRESENTED BY PRESIDENT
       V.GOVINDARAJ
       S/O. VENKATAPPA
       MAJOR

2.     ANNAPURNESHWARI ASSOCIATION (R)
       NO.8 (B), LACKEY PARADES
       3RD BLOCK JAYANAGAR
       BANGALORE - 560 011
       REPRESENTED BY PRESIDENT
       B.S.NAGARAJU
       S/O. RANGAPPA
       MAJOR

                                     .. PETITIONERS

(BY SRI. SWAMY K, ADV.)
                            2

AND :


1.      STATE OF KARNATAKA
        REP. BY ITS SECRETARY
        HOME DEPARTMENT
        VIDHANA SOUDHA
        BANGALORE - 1

2.      THE COMMISSIONER OF POLICE
        INFENTRY ROAD
        BANGALORE 560 001

3.      THE DEPUTY COMMISSIONER OF POLICE
        CENTRAL DIVISION, BANGALORE 560 002

4.      THE ASST. COMMISSIONER OF POLICE
        HIGH GROUND POLICE STATION
        BANGALORE 560 001

5.      THE INSPECTOR OF POLICE
        HIGH GROUND POLICE STATION
        BANGALORE 560 001

6.      THE INSPECTOR OF POLICE
        HIGH GROUND POLICE STATION
        BANGALORE - 560 001
                                ... RESPONDENTS

(BY SRI. VIJAYAKUMAR A PATIL , HCGP)

     THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS NOT TO INSIST
UPON THE PETITIONER TO OBTAIN LICENSE FOR THE
PLAY OF SKILL GAMES SUCH AS CHESS, CAROM,
FANTASTIC-III, DART GAME, DIES-III, ELECTRONICS
GAME, TABLE TENNIS, CARDS (RUMMY) AND OTHER
INDOOR AND OUTDOOR GAMES FOR THE BENEFIT OF
                               3

ITS MEMBER AND ALSO SOCIAL SERVICE AND ETC.,
BEING RUN UNDER THE NAME AND STYLE OF M/S. OM
CULTURAL    AND   RECREATION  ASSOCIATION   (R)
NO.10(8/1) RAJAKAMAL HOTEL COMPLEX, 1 ST MAIN,
RADHAKRISHAN ROAD, KUMAR PARK, BANGALORE -
560001, EITHER UNDER THE KARNATAKA POLICE ACT
UNDER THE LICENSING AND CONTROLLING OF THE
PLACE OF PUBLIC AMUSEMENT ORDER, BANGALORE
CITY AND ETC.,

     THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:

                          ORDER

Learned HCGP is directed to take notice for the respondents.

2. In these cases, the petitioner has sought for an order directing the respondents not to insist upon it to obtain license to carry on lawful activities in its premises either under the Police Act, or under the Provisions of Licensing and Controlling of Places of Public Amusement Order and not to interfere in the play of skill oriented games like Rummy, Poker, Chess and Carrom, Coin Games, Wall Ball skill and other skill games and etc. 4

3. The submission of the learned counsel for the petitioner is that no activity necessitating obtaining of license under the Licensing Order is carried on in the premises of the petitioner; that the activity of playing the games of Dart, Chess, Rummy, Snooker/Billiards and Carrom etc., are not in the nature of gambling activity or game of chance; that such games are not prohibited or regulated. Moreover, the place of the petitioner is not a public place and the entry is restricted only to the members of the petitioner-Association and not to outsiders and accordingly, there is no requirement on the part of the petitioner to obtain a license as contemplated under Clause-3 of the Licensing Order. Learned counsel for the petitioner has relied on an earlier decision of this Court rendered in Writ Petition No.11843/2006, decided on 9.11.2006 (between M/S.SHIVA ASSOCIATION VS. STATE OF KARNATAKA & OTHERS) and submits that on similar terms these petitions may also be disposed of. 5

4. Learned HCGP appearing for the respondents submits that the Police have not interfered and will not interfere with the lawful activities of the petitioner and they would take action only if the petitioner indulges in any unlawful activities. He further submits that the respondents will not insist the petitioner for license for such of the activities for which no license is required.

5. I have carefully considered the arguments made by the learned counsel for the parties and perused the materials placed on record. The only complaint of the petitioner is that the respondents are interfering with the lawful activities carried on by it. Learned HCGP has denied the allegations made in the writ petitions. Having regard to the facts and circumstances of the case, I am of the view that the respondents should not interfere with the lawful activities of the petitioner. At the same time, respondents should be permitted to take action according to law in case the petitioner indulges in any unlawful activity. On identical facts, this Court in Shiva's case (supra) has 6 restrained the respondents from interfering with the lawful activities of the petitioner.

6. In the light of the above discussion, I pass the following order:-

(a) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner-Association.

(b) It is made clear that the respondents are at liberty to take any appropriate action according to law, if the petitioner indulges in any unlawful activity.

The Writ Petitions are disposed of accordingly.

7. Learned HCGP is permitted to file his memo of appearance within a period of eight weeks. No costs.

SD/-

JUDGE.

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