Karnataka High Court
L.V.R.Tungabhadra Recreation ... vs The State Of Karnataka & Ors on 14 June, 2017
Author: B.Veerappa
Bench: B.Veerappa
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR. JUSTICE B.VEERAPPA
WRIT PETITION NO.202463/2017(GM-POLICE)
BETWEEN:
L.V.R. Tungabhadra Recreation
Association Club,
Plot No.13, CMC No.6-1-1556/13,
Situated in Sy.No.756,
Gangavati Road, Sindhanoor,
Tq. Sindhanoor, Dist. Raichur,
Through its President
Sri. Boppudi Shreenu S/o Hariyya
Age: 40 years, Occ: President,
LVR Tungabhadra recreation
Association club, Sindhanoor,
R/o Venkateshwar Nagar,
Sindhanoor, Tq. Sindhanoor,
Dist. Raichur.
... Petitioner
(By Sri Ashok Mulage, Advocate)
AND:
1. The State of Karnataka
Through Home Department
Bangalore-01.
2. The Superintendent of Police
Raichur-584134.
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3. The Deputy Superintendent of Police
Sindhanoor, Dist. Raichur-584101.
4. The Circle Inspector of Police,
Sindhanoor, Dist. Raichur-584101.
5. The Sub-Inspector of Police,
Sindhanoor Town P.S.
Tq. Sindhanoor, Dist. Raichur-584101.
... Respondents
(By Sri R. V. Nadagouda, AAG along with;
Smt. Archana P. Tiwari, 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 directing the respondents not to insist
and not to interfere with the right of the petitioner
Associations to provide indoor and outdoor recreational
activities including permitting the members of the petitioner
to play 13 cards rummy and other recreational activities in
their premises Plot No.13, CMC No.6-1-1556/13, situation in
Sy.No.756, Gangavati Raod, Sindhanoor, Tq. Sindhanoor,
Dist. Raichur, in accordance with the guidelines issued by
this Court in W.A.No.200290/2015 dated 27.06.2016, in the
interest of justice and equity and etc.
This petition coming on for preliminary hearing, this
day, the Court made the following:
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ORDER
The LVR Tungabhadra Recreation Association Club is before this Court for a writ in the nature of mandamus directing the respondents not to insist and not to interfere with the right of the petitioner- Associations to provide indoor and outdoor recreational activities including permitting the members of the petitioner to play 13 cards rummy and other recreational activities in their premises Plot No.13, CMC No.6-1-1556/13, situation in Sy.No.756, Gangavati Road, Sindhanoor, Tq. Sindhanoor, Dist. Raichur, in accordance with the guidelines issued by this Court in W.A.No.200290/2015 dated 27.06.2016, in the interest of justice and equity
2. It is the case of the petitioner that the petitioner is a society registered under the Karnataka Society's Registration Act with the objection that the petitioner's Association has to provide the recreational facilities to 4 its member and as on today more then 100 members functioning its activities in accordance with law and guidelines issued by this court. But, the respondents with an intention to harass the members of the petitioner-Association are insisting for licence and interfering in day today activities and act of the respondents is illegal and without authority of law. Therefore, the petitioner is before this court for relief sought for.
3. I have heard the learned counsel for the parties to the lis.
4. Sri. Ashok Mulage, learned counsel for the petitioner reiterating the grounds urged in the petition contended that the impugned action of the respondents insisting for the licence to run the recreation club and interfering with day today activities is in utter violation of Article 14 and 19(1)(g) of the Constitution of India. He further contended that the petitioner- Association 5 has never indulged in any illegal activities as alleged. Therefore, he sought to allow the present writ petition.
5. Per contra, Sri. R. V. Nadagouda, learned Additional Advocate General along with Smt. Archana P. Tiwari, learned Additional Government Advocate appearing for the respondents contended that in the guise of formation of club, the petitioner-Association cannot indulge in any illegal activities and cannot encourage its members to act contrary to the interest of general public at large. They also submits that if the petitioner - Association has conducted the club in accordance with law from time to time the respondents will not interfere. The said submission is placed on record.
6. Having heard the arguments of learned counsel for the parties to the lis, it is an undisputed fact that this court while considering the identical circumstances, in the case of D.V.R. Recreation Club vs. The State of 6 Karnataka dated 27.06.2016 made in W.A.No.200290/2015 while disposing the same by imposing certain guidelines so also in the case of Bidar District Recreation Sports Association V/s The State of Karnataka and Others made in W.P.201133/2017 dated 30.03.2017.
7. In the interest of the justice, it is suffice to dispose of the writ petition subject to the following 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 game(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 7 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. 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, *except games of skills.
* [Incorporated vide judgment
dated 27.6.2016 in
W.A.No.200290/2015]
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) played is contrary to any law and in violation of the settled practice, it is open to them to 8 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.
Accordingly, the writ petition stands disposed of.
Sd/-
JUDGE JSM