Karnataka High Court
Cue N Spot Association vs The State Ofkarnataka on 22 November, 2012
Author: Dilip B.Bhosale
Bench: Dilip B Bhosale
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 22ND DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE DILIP B BHOSALE
W.P.NO. 39529/2012 (GM-POLICE) C/W WP 40979/2012,
WP 41007/2012, WP 41605/2012, WP 43845/2012, WP
43968/2012, WP 43969/2012, WP 43970/2012, WP
43971/2012, WP 43972/2012, WP 43973/2012, WP
43980/2012, WP 44076/2012, WP 44077/2012, WP45162/2012,
WP 45857/2012, WP 44981/2012 & WP 45147/2012(GM-
POLICE)
W.P. NO. 39529/2012 (GM-POLICE)
BETWEEN
CUE N SPOT ASSOCIATION
NO.5 AND 6
SRINIDHI COMPLEX
BHARAT NAGAR
DWARAKAWASA ROAD
V N POST
BANGALORE-560091
REPRESENTED BY ITS PRESIDENT ... PETITIONER
(BY SRI. D.N. NAJUNDA REDDY, SR. ADV.,
FOR SRI. ASHOK N PATIL, ADV.,)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE-560001
2
2. THE POLICE COMMISSIONER
BANGALORE-560001
3. SUPERINTENDENT OF POLICE
RAMANAGAR DISTRICT-571511
4. CIRCLE INSPECTOR OF POLICE
MAGADI TALUK-562120
5. THE SUB INSPECTOR OF POLICE
TAVARAKERE POLICE STATION
TAVARAKERE-572139
6. BYADARAHALLI OUT POST POLICE STATION
VISHWANEEDAM POST
BANGALORE-91 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR THE PLAY OF DART GAME, CHESS,
PLAYING CARDS/RUMMY, BILLIARDS, SNOOKER AND CAROM,
EITHER UNDER THE KP ACT OR UNDER THE LICENSING AND
CONTROLLING OF THE PLACE OF PUBLIC AMUSEMENT ORDER
BANGALORE CITY 1989 AS THE ABOVE SAID GAMES ARE
DECLARED AS GAMES OF SKILL BY THIS HON'BLE COURT.
IN W.P. 40979/2012 (GM-POLICE)
BETWEEN
CONFIDENT RECREATION ASSOCIATION
NO.165, KHATA NO.518
OLD MADRAS ROAD
K R PURAM, BANGALORE-560036
REPRESENTED BY ITS PRESIDENT ... PETITIONER
3
(BY SRI.D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. ASHOK N PATIL)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE-01
2. THE POLICE COMMISSIONER
BANGALORE-01
3. THE DEPUTY COMMISSIONER OF POLICE
HALASUR-08
4. THE ASSISTANT CIRCLE INSPECTOR
BANASWADI-43
5. CIRCLE INSPECTOR OF POLICE
K R PURAM-36
6. INSPECTOR OF POLICE
K R PURAM-36 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR THE PLAY OF DART GAME, CHESS,
PLAYING CARDS/ RUMMY, BILLIARDS, SNOOKER & CAROM,
EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE
LICENSING & CONTROLLING OF THE PLACE OF PUBLIC
AMUSEMENT ORDER BANGALORE CITY 1989 AS THE ABOVE
4
SAID GAMES ARE DECLARED AS GAMES OF SKILL BY THIS
HON'BLE COURT.
IN W.P. 41007/2012 (GM-POLICE)
BETWEEN
SREE LAKSHMIDEVI SPORTS
AND RECREATION ASSOCIATION
K BETTAHALLI
K R PET ROAD,PANDAVAPURA TALUK
MANDYA DISTRICT-571434
REPRESENTED BY ITS PRESIDENT
SRI NAGARAJU ... PETITIONER
(BY SRI.D.N NANJUNDA REDDY, SR. COUNSEL FOR
V.N. MADHAVA REDDY)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRESIDENT
DEPARTMENT OF HOME
VIDHANA SOUDHA
BANGALORE-560001
2. THE SUPERINTENDENT OF POLICE
MANDYA DISTRICT
MANDYA
3. THE ADDL SUPERINTENDENT OF POLICE
MANDYA DISTRICT
MANDYA
4. THE DEPUTY SUPERINTENDENT OF POLICE
SRIRANGAPATNA SUB DIVISION
MANDYA DISTRICT
5
5. THE CIRCLE INSPECTOR OF POLICE
SRIRANGAPATNA TALUK
SRIRNAGAPATNA, MANDYA DISTRICT
6. THE SUB INSPECTOR
SRIRANGAPATNA POLICE STATION
SRIRNAGAPATNA ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST THE PETITIONER TO OBTAIN
LICENSE UNDER KARNATAKA POLICE ACT OR UNDER
LICENSING & CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT FOR PLAYING OF SKILL GAMES, LIKE CHESS,
SNOOKER, CAROM, ELECTRONIC COIN GAMES, DARTS GAME,
RUMMY WALL COIN GAME POKAR, etc IN THE PREMISES OF THE
PETITIONER ASSOCIATION.
IN W.P. 41605/2012 (GM-POLICE)
BETWEEN
CHALLENGERS RECREATION ASSOCIATION
ADI REDDY LAYOUT, GANTTAVARAPALI
BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT-561207
(REP BY ITS SECRETARY S.SUBRAMANI) ... PETITIONER
(BY SRI. NAJUNDA REDDY, SR. COUNSEL FOR
SRI. ZULFIKIR KUMAR SHAFI, ADV.,)
AND
1. GOVERNMENT OF KARNATAKA
HOME DEPARTMENT, VIDHANA SOUDHA
BANGALORE, BY ITS SECRETARY
6
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD
BANGALORE-560 001
3. SUPERINTENDENT OF POLICE
CHIKKABALLAPURA-562101
4. DEPUTY SUPERINTENDENT OF POLICE
CHIKKABALLAPURA-562101
5. CIRCLE INSPECTOR OF POLICE
BAGEPALLI-561207
CHIKKABALLAPURA DISTRICT
6. SUB-INSPECTOR OF POLICE
TOWN POLICE STATION
BAGEPALLI-561207
CHIKKABALLAPURA DISTRICT ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN THE LICENSE TO CARRY ON LAWFUL ACTIVITIES IN
THE PREMISES OF THE PETITIONER'S ASSOCIATION, 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 AND LIKE RUMMY, DART, CHESS,
POKER, WALL BALL, SKILL COIN GAMES AND SKILL GAMES,
CAROM etc. WHICH ARE THE GAMES OF SKILL AS HELD BY
THIS HON'BLE COURT IN VARIOUS WRIT PETITIONS.
7
IN W.P. 43845/2012 (GM-POLICE)
BETWEEN
BASAVESHWARA RECREATION CLUB
SITUATED AT NO.45
ADJACENT TO SONY PETROL BUNK
HALAGURU VILLAGE
HALAGURU HOBLI, MALAVALLY TALUK
MANDYA DISTRICT-571 421
REPRSENTD BY THE SECRETARY ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. SRIDHAR C.K, ADV.,)
AND
1. THE SUPERINTENDENT OF POLICE
MANDYA DISTRICT
MANDYA-571401
2. THE DEPUTY SUPERINTENDENT OF POLICE
MALAVALLY SUB-DIVISION
MANDYA DISTRICT-571430
3. THE CIRCLE INSPECTOR OF POLICE
K M DODDI POLICE STATION
K M DODDI, MADDUR TALUK
MANDYA DISTRICT-571422
4. THE SUB INSPECTOR OF POLICE
HALAGUR POLICE STATION
MALAVALLY TALUK-571421 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT POLICE NOT TO INTERFERE WITH THE NORMAL
8
ACTIVITIES OF THE PETITIONER'S CLUB AND NOT TO INSIST
THE PETITIONER TO OBTAIN LICENSE/PERMISSION TO CARRY
ON THE INDOOR GAMES LIKE CHESS, CAROM, RUMMY, BEST
OF SEVEN JACKPOT AND SPORTS INCLUDING OTHER CULTURAL
ACTIVITIES PERMISSIBLE UNDER LAW
IN W.P. 43968/2012 (GM-POLICE)
BETWEEN
KENT RECREATIONAL ASSOCIATION
NO.8, CHIKKALSANDRA
UTTARAHALLI
BANGALORE-560 001
REP BY ITS SECRETARY
MR. NIRMAL S.
AGED ABOUT 43 YEARS
S/O BHOOLCHAND SHAMNANI
R/O NO.63/1, SWASTIK ROAD
SHANTHINAGR, BANGALORE-560 027 ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. K SHASHIKIRAN SHETTY, ADV.,)
AND
1. COMMISSIONER OF POLICE
BANGALORE CITY
INFANTRY ROAD, BANGALORE - 560001
2. DEPUTY COMMISSIONER OF POLICE
SOUTH DIVISION, SOUTH END CIRCLE
BANGALORE - 560021
3. ASSISTANT COMMISSIONER OF POLICE
BANASHANKARI SUB-DIVISION
BANASHANKARI POLICE STATION
UTTARAHALLI, BANGALORE-12
9
4. INSPECTOR OF POLICE
UTTARAHALLI POLICE STATION
UTTARAHALLI,
BANGALORE - 560004 ... RESPONDENTS
(BY SRI.E.S. INDIRESH, HCGP)
THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR PLAYING GAMES OF SKILLS LIKE
CARRUM, CHESS, CARDS [RUMMY] TABLE TENNIS, POKER,
MAHJONG, SUDKO, JOKER BONUS, BRIDGE, CHINESE
CHECKER, etc., EITHER UNDER THE KARNATAKA POLICE ACT
OR UNDER THE LICENSING & CONTROLLING OF PLACES OF
PUBLIC AMUSEMENT ORDER.
IN W.P. 43969/2012 (GM-POLICE)
BETWEEN
CORAL RECREATIONAL ASSOCIATION
NO.11, 1ST MAIN ROAD D KRISHNAPPA LAYOUT
R.P.C. LAYOUT VIJAYANAGAR
BANGALORE-560 040
REP.BY ITS SECRETARY
MR.ANIRUTH A IDNANI
AGED ABOUT 59 YEARS
S/O ATMARAM IDNANI
R/AT NO.18/A BHIMAN GARDEN
SHANTHINAGAR
BANGALORE-560 027. ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. K SHASHIKIRAN SHETTY, ADV.,)
10
AND
1. COMMISSIONER OF POLICE
BANGALORE CITY
INFANTRY ROAD
BANGALROE-560 001.
2. DEPUTY COMMISSIONER OF POLICE
WEST DIVISION
BANGALORE-560092
3. ASSISTANT COMMISSIONER OF POLICE
VIJAYNAGAR SUB DIVISION
BANGALORE-560040
4. INSPECTOR OF POLICE
VIJAYNAGAR POLICE STATION
VIJAYNAGAR
BANGALORE.560040. ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCCP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR PLAYING GAMES OF SKILLS LIKE
CARRUM, CHESS, CARDS [RUMMY] TABLE TENNIS, POKER,
MAHJONG, SUDKO, JOKER BONUS, BRIDGE, CHINESE
CHECKER, etc., EITHER UNDER THE KARNATAKA POLICE ACT
OR UNDER THE LICENSING & CONTROLLING OF PLACES OF
PUBLIC AMUSEMENT ORDER.
11
IN W.P. 43970/2012 (GM-POLICE)
BETWEEN
BLOSSOM RECREATIONAL ASSOCIATION
NO.539, SARJAPUR ROAD
KAIKONDAHALLI, BANGALORE-95
REP BY ITS SECRETARY MR. ROOPCHAND
AGED ABOUT 60 YEARS
S/O WADHAVANI, R/O 1/3, R.K. COLONY
J.P. NAGAR,BANGALORE-560 005 ... PETITIONER
(BY SRI.D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. K SHASHIKIRAN SHETTY, ADV.,)
AND
1. COMMISSIONER OF POLICE
BANGALORE CITY
INFANTRY ROAD
BANGALORE-560 001
2. DEPUTY COMMISSIONER OF POLICE
SOUTH EAST DIVISION
BANGALORE-560 009
3. ASSISTANT COMMISSIONER OF POLICE
MADIVWALA SUB-DIVISION
BANGALORE-560 021
4. INSPECTOR OF POLICE
HSR LAYOUT POLICE STATION
BANGALORE-560 022 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
12
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR PLAYING GAMES OF SKILLS LIKE
CARRUM, CHESS, CARDS [RUMMY] TABLE TENNIS, POKER,
MAHJONG, SUDKO, JOKER BONUS, BRIDGE, CHINESE
CHECKER, etc., EITHER UNDER THE KARNATAKA POLICE ACT
OR UNDER THE LICENSING & CONTROLLING OF PLACES OF
PUBLIC AMUSEMENT ORDER.
IN W.P. 43971/2012 (GM-POLICE)
BETWEEN
MOOKAMBIKA RECREATIONAL ASSOCIATION
NO.225, 2ND MAIN ROAD
7TH BLOCK, BSK 3RD STAGE
BANGALORE-560 032
REPRESENTED BY ITS SECRETARY
MR. VILAS R SURVE
AGED ABOUT 44 YEARS
S/O RAMACHANDRA SURVE
R/O NO.16/4, 10TH MAIN ROAD
4TH BLOCK, JAYANAGAR
BANGALORE-560 011 ... PETITIONER
(BY SRI. NANJUNDA REDDY, SR.COUSEL FOR
SRI. K SHASHIKIRAN SHETTY,ADV.,)
AND
1. COMMISSIONER OF POLICE
BANGALORE CITY, INFANTRY ROAD
BANGALORE-560001
2. DEPUTY COMMISSIONER OF POLICE
SOUTH DIVISION, SOUTH END CIRCLE
BANGALORE-560009
13
3. ASSISTANT COMMISSIONER OF POLICE
BANASHANKARI SUB DIVISION
BANASHANKARI POLICE STATION
BANGALORE-560 018
4. INSPECTOR OF POLICE
CHENAMMA KERE ACHUKATE POLICE STATION
KATRIGUPPE, BANGALORE-560018 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENSE FOR PLAYING GAMES OF SKILLS LIKE
CARRUM, CHESS, CARDS [RUMMY] TABLE TENNIS, POKER,
MAHJONG, SUDKO, JOKER BONUS, BRIDGE, CHINESE
CHECKER, etc., EITHER UNDER THE KARNATAKA POLICE ACT
OR UNDER THE LICENSING & CONTROLLING OF PLACES OF
PUBLIC AMUSEMENT ORDER.
IN W.P. 43972/2012 (GM-POLICE)
BETWEEN
GEMS RECREATIONAL ASSOCIATION
NO.2, NAGAVARAPALYA
BELIKENAHALLI, K.R.PURAM
BANGALOREA-560036, REPRESENTED BY ITS SECRETARY
MR.BISAL V, AGED ABOUT 38 YEARS
S/O GOPINATH, R/O NO.16, 10TH MAIN ROAD
4TH BLOCK, JAYANAGAR
BANGALORE-560 011 ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. K SHASHIKIRAN SHETTY, ADV.,)
14
AND
1. COMMISSIONER OF POLICE
BANGALAORE CITY, INFANTRY ROAD
BANGALORE-560001
2. DEPUTY COMMISSIONER OF POLICE
EAST DIVISION, BANGALORE-560009
3. ASSISTANT COMMISSIONER OF POLICE
ULSOOR SUB DIVISION, ULSOOR POLICE STATION
BANGALORE-560036
4. INSPECTOR OF POLICE
KRISHNARAJ PURAM POLICE STATION
BANGALORE-560036 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING DIRECT THE RESPONDENTS
NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE
FOR PLAYING GAMES OF SKILLS LIKE CARRUM, CHESS, CARDS
[RUMMY] TABLE TENNIS, POKER, MAHJONG, SUDKO, JOKER
BONUS, BRIDGE, CHINESE CHECKER, etc., EITHER UNDER THE
KARNATAKA POLICE ACT OR UNDER THE LICENSING &
CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER.
IN W.P. 43973/2012 (GM-POLICE)
BETWEEN
PRAKYATH RECREATIONAL ASSOCIATION
NO.116, KODIGEHALLI, SAHAKARA NAGAR
YELAHANKA. BANGALORE
REPRESENTED BY ITS SECRETARY
MR. AJAY A.A., AGED ABOUT 33 YEARS
S/O AMAR AHUJA, R/O NO.8/2, NANJAPPA CROSS
CHOWDAPPA LAYOUT, SHANTHI NAGAR,
BANGALORE-560 027 ... PETITIONER
15
(BY SRI. D.N. NANJUNDA REDDY,SR.COUNSEL, FOR
SRI. K SHASHIKIRAN SHETTY,ADV.,)
AND
1. COMMISSIONER OF POLICE
BANGALORE CITY
INFANTRY ROAD
BANGALORE-560001
2. DEPUTY COMMISSIONER OF POLICE
NORTH EAST DIVISION
BANGALORE-560 009
3. ASSISTANT COMMISSIONER OF POLICE
YELAHANKA
BANGALORE-560 064
4. INSPECTOR OF POLICE
KODIGEHALLI POLICE STATION
KODIGEHALLI,
BANGALORE-560 064 ... RESPONDENTS
(BY SRI.E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING DIRECT THE RESPONDENTS
NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE
FOR PLAYING GAMES OF SKILLS LIKE CARRUM, CHESS, CARDS
[RUMMY] TABLE TENNIS, POKER, MAHJONG, SUDKO, JOKER
BONUS, BRIDGE, CHINESE CHECKER, etc., EITHER UNDER THE
KARNATAKA POLICE ACT OR UNDER THE LICENSING &
CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER.
16
IN W.P. 43980/2012 (GM-POLICE)
BETWEEN
SRIKANTHA RECREATIONAL ASSOCIATION
NO.16/7, CHURCH STREET
BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
MR AMRUTH A I
AGED ABOUT 57 YEARS
S/O ATHMARAM IDNANI
R/O BHIMANNA GARDEN
SHANTHI NAGAR,
BANGALORE- 560 027 ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. K SHASHIKIRAN SHETTY, ADV.,)
AND
1. COMMISSIONEER OF POLICE
BANGALORE CITY
INFANTRY ROAD
BANGALORE- 560 001
2. DEPUTY COMMISSIONER OF POLICE
CENTRAL DIVISION
BANGALORE- 560 001
3. ASSISTANT COMMISSIONER OF POLICE
CUBBON PARK SUB DIVISION
BANGALORE- 560 001
4. INSPECTOR OF POLICE
CUBBON PARK POLICE STATION
KODIGEHALLI,
BANGALORE- 560 031 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
17
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING DIRECT THE RESPONDENTS
NOT TO INSIST UPON THE PETITIONER TO OBTAIN LICENSE
FOR PLAYING GAMES OF SKILLS LIKE CARRUM, CHESS, CARDS
[RUMMY] TABLE TENNIS, POKER, MAHJONG, SUDKO, JOKER
BONUS, BRIDGE, CHINESE CHECKER, etc., EITHER UNDER THE
KARNATAKA POLICE ACT OR UNDER THE LICENSING &
CONTROLLING OF PLACES OF PUBLIC AMUSEMENT ORDER.
IN W.P. 44076/2012 (GM-POLICE)
BETWEEN
M/S POOJA RECREATION AND ASSOCIATION
NO.18 A, J S CHENNEGOWDA BUILDING
MUNCIPAL BADAVANE, CHENNAPATNA,
CHENNAPATNA TALUK
RAMANAGAR DISTRICT
REPRESENTED BY SECRETARY
SRI. K. KUMAR ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. S RAJU )
AND
1. THE STATE OF KARNATAKA
HOME DEPARTMENT, M.S. BUILDING
REPRESENTED BY ITS SECRETARY
BANGALORE - 560 001
2. THE SUPERINTENDENT OF POLICE
RAMANAGAR DISTRICT
RAMANAGAR - 571 511
3. THE DEPUTY SUPERINTENDENT OF POLICE
CHENNAPATNA DIVISION, CHENNAPATNA
RAMANAGAR DISTRICT- 571 511
18
4. THE CIRCLE INSPECTOR OF POLICE
CHENNAPATNA RURAL
CHENNAPATNA
RAMANAGAR DISTRICT- 571 511
5. THE SUB INSPECTOR OF POLICE
CHENNAPATNA RURAL POLICE STATION
CHENNAPATNA
RAMANAGAR DISTRICT- 571 511 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS POLICE NOT TO INDULGING THE PETITIONER
TO GET THE PERMISSION FROM THE POLCE DEPARTMENT &
NOT TO INTERFEERE WITH THE LAWFUL RECREATIONAL
ACTIVITIES OF THE ASSOCIATION BY ITS MEMBERS FOR
PLAYING INDOOR GAMES LIKE CAROM, SNOOKER, CHESS,
RUMMY, TALBE TENNIS, CARDS CLUB, SKILL GAMES, JOKER
BONUS, WALL GAME, COING GAME, VIDEO, SIX COLORS
GAMES, COMPUTER POOLS, CRICKET & OTHER RECREATION
PROGRAMS BEING RUN UNDER THE NAME & STYLE OF
M/S.POOJA RECREATION & ASSOCIATION NO.18A, J.S
CHENNEGOWDA BUILDING, MUNICIPAL BADAVANE,
CHENNAPATNA, CHENNAPATNA TQ. RAMANGAR DIST. EITHER
UNDER THE KARNATAKA POLICE ACT OR UNDER THE
LICENSING & CONTROLLING OF THE PLACE OF PUBLIC
AMUSEMENT ORDER BANGALORE CITY.
19
IN 44077/2012 (GM-POLICE)
BETWEEN
M/S BLUE LINE ASSOCIATES
NO.5, KEMPAIAH BUILDING
MAGADI MAIN ROAD, NEAR BUS STAND
SUNKADHA KATTE
VISHWA NEEDAM POST
BANGALORE-560091
REPRESENTED BY TROUSER SRI. M.C. CHETHAN
... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. S RAJU )
AND
1. THE STATE OF KARNATAKA
HOME DEPARTMENT
M.S. BUILDING
REPRESENTED BY ITS SECRETARY
BANGALORE-560001
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD
BANGALORE-560001
3. THE DEPUTY COMMISSIONER OF POLICE
CITY CRIME BRANCH
N.T. PET, ROYAN CIRCLE
BANGALORE-560001
4. THE DEPUTY COMMISSIONER OF POLICE
BANGALORE WEST DIVISION
BANGALORE-560003
20
5. THE ASST. COMMISSIONER OF POLICE
VIJAYA NAGAR SUB DIVISION
VIJAYA NAGAR,
BANGALORE-560028
6. THE CIRCLE INSPECTOR OF POLICE
KAMAKSHI PALYA POLICE STATION
KAMAKSHI PALYA
BANGALORE-560028 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS POLICE NOT TO INDULGE THE PETITIONER
ASSOCIATION TO GET THE PERMISSION FROM THE POLICE
DEPARTMENT & NOT TO INTERFERE WITH THE LAWFUL
RECREATIONAL ACTIVITIES OF THE ASSOCIATION BY ITS
MEMBERS FOR PLAYING INDOOR GAMES LIKE CAROM,
SNOOKER, CHESS, RUMMY, TALBE TENNIS, CARDS CLUB, SKILL
GAMES, JOKER BONUS, WALL GAME, COING GAME, VIDEO, SIX
COLORS GAMES, COMPUTER POOLS, CRICKET & OTHER
RECREATION PROGRAMS BEING RUN UNDER THE NAME &
STYLE OF M/S.BLUE LINE ASSOCIATES NO.5 KEMPAIAH
BUILDING, MAGADI MAIN ROAD, NEAR BUS STAND, SUNKADHA
KATTE, VISHWA NEEEDAM POST, BANGALORE-91 EITHER
UNDER THE KARNATAKA POLICE ACT OR UNDER THE
LICENSING & CONTROLLING OF THE PLACE OF PUBLIC
AMUSEMENT ORDER, BANGALORE CITY.
21
IN W.P. 45162/2012 (GM-POLICE)
BETWEEN
SDP RECREATION ACADEMY
SDP SERVICES
N T ROAD
NEAR KSRTC BUS STAND
SHIMOGA CITY-577202
REPRESENTED BY ITS SECRETARY
VIRUPAKASHA H G ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI.S V PRAKASH, ADV.,)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOME
VIDHANA SOUDHA
BANGALORE-560001
2. THE SUPERINTENDENT OF POLICE
SHIMOGA DISTRICT, SHIMOGA-577201
3. THE DEPUTY SUPERINTENDENT OF POLICE
SHIMOGA DIVISION, SHIMOGA-577201
4. CIRCLE INSPECTOR OF POLICE
DODDAPETE POLICE STATION
SAGAR ROAD, SHIMOGA CITY-577202
5. SUB INSPECTOR OF POLICE
DODDAPETE POLICE STATION
SAGAR ROAD, SHIMOGA CITY-577202
... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
22
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS/POLICE NOT TO INTERFERE WITH THE
ACTIVITIES OF THE PETITIONER ACADEMY AND NOT TO INSIST
THE PETITIONER ACADEMY TO OBTAIN LICENSE/PERMISSION
FROM THEM TO CARRY ON THE INDOOR GAMES LIKE CAROM,
CHESS, RUMMY, DART, WALL BALL SKILL AND SKILL GAME AND
OTHER SUCH INDOOR GAMES AND ALSO OTHER ACTIVITIES
WHICH ARE PERMISSIBLE IN LAW
IN W.P. 45857/2012 (GM-POLICE)
BETWEEN
FRIENDS RECREATION ASSOCIATIONS
MAGGE VILLAGE, RAYARA KOPPALU POST
ALURU TALUK, HASSAN DISTRICT
RPE BY ITS SECRETARY
MR L.T. CHANDRE GOWDA ... PETITIONER
(BY SRI. D.N. NAJUNDA REDDY, SR. COUNSEL FOR
SRI. MANJUNATH B R, ADV.,)
AND
1. STATE OF KARNATAKA
REP BY ITS SECRETARY, HOME DEPARTMENT
M S BUIDLING, BANGALORE-560001
2. SUPERINTENDENT OF POLICE
HASSAN DISTRICT, HASSAN-573201
3. CIRLCE INSPECTOR OF POLICE
ALURU POLICE STATION
ALURU TALUK
HASSAN DISTRICT-573201 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
23
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INTERFERE IN THE DAY TO DAY
ACTIVITIES OF THE PETITIONER ASSOCIATION
W.P.NO. 44981/2012 (GM-POLICE)
BETWEEN
SHREE NATIONAL RECREATION CLUB
AT NO. 584/2
MITTEMARI VILLAGE AND HOBLI
BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT
REPRESENTED BY ITS SECRETARY
SRI ANJINAPPA
S/O M S LAKSHMINARASIMHAIAH ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
M/S. SUBHA RAO & CO.,)
AND
1. THE GOVT OF KARNATAKA
DEPARTMENT OF HOME
VIDHANA SOUDHA
BANGALORE-560001
REPRESENTED BY ITS SECRETARY
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD
BANGALORE-560001
3. THE SUPERINTENDENT OF POLICE
CHIKKABALLAPURA
CHIKKABALLAPURA DISTRICT-562101
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4. THE DEPUTY SUPERINTENDENT OF POLICE
CHIKKABALLAPUR
CHIKKABALLAPUR DISTRICT-562101
5. THE CIRCLE INSPECTOR OF POLICE
BAGEPALLI
CHIKKABALLAPURA DISTRICT-561207
6. THE SUB INSPECTOR OF POLICE
TOWN POLICE STATION, BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT-561207 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN THE LICENSE TO CARRY ON LAWFUL ACTIVITIES IN
THE PREMISES OF THE PETITIONER'S ASSOCIATION, 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, DART, CHESS, POKER,
WALL BALL, SKILL COIN GAMES AND SKILL GAMES, CAROM etc.
WHICH ARE THE GAMES OF SKILL AS HELD BY THIS HON'BLE
COURT IN VARIOUS WRIT PETITONS.
W.P.NO. 45147/2012 (GM-POLICE)
BETWEEN
MERCHANT'S CLUB, JAVAGAL, ARASIKERE TALUK
REP BY ITS PRESIDENT
J K DANA KUMAR, S/O KALMALIGE GOWDA
AGED 45 YEARS, R/O JAVAGAL
ARASIKERE 573 125 ... PETITIONER
(BY SRI. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
SRI. B.S.BASAVARAJU)
25
AND
1. THE STATE OF KARNATAKA
REP BY THE SECRETARY
DEPARTMENT OF HOME AFFAIRS
VIDHANA SOUDHA
BANGALORE : 01
2. SUPERINTENDENT OF POLICE
HASSAN DISTRICT, HASSAN 573 103
3. THE DEPUTY SUPERINTENDENT OF POLICE
JAVAGAL POLICE STATION
JAVAGAL HASSAN 573 125
4. THE CIRCLE INSPECTOR OF POLICE
JAVAGAL POLICE STATION
JAVAGAL HASSAN 573 125
5. THE STATION HOUSE OFFICER
JAVAGAL POLICE STATION
JAVAGAL, HASSAN 573 125 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENCE FOR THE PLAY OF CAROM, CHESS
VOLLEYBALL, SHUTTLE BADMINTON IN THE PETITION SUCH
PREMISES EITHER UNDER THE KARNATAKA POLICE ACT.
THESE W.Ps. COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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PC:
In this group of writ petitions, the prayers are
similar. Prayers in one of the writ petitions (W.P.
No.43968/2012) read thus:
a. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
directing the respondents not to insist upon the
petitioner to obtain license for playing games of
skills like carrum, chess, cards (rummy), table
tennis, poker, mahjong, sudko, joker bonus,
bridge, Chinese checker, etc., either under the
Karnataka Police Act or under the Licensing and
Controlling of Places of Public Amusement Order.
b. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
declaring that the petitioner association is not
required to obtain a license under the Licensing
and Controlling of Places of Public Amusement
Order, or under the Karnataka Police Act, 1963
to carry on recreational activity.
c. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
declaring that the action of the respondents in
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interfering with the recreation activity in the
schedule premises is highly arbitrary and illegal.
2. In past, this Court came across several such
petitions and all such petitions were disposed of with
direction to the respondents not to interfere with the lawful
recreational activity carried on by the members of the
petitioner - society making it clear that the respondent
however, will have an opportunity to take any appropriate
action according to law if the petitioners - societies indulge
in any unlawful activity.
3. Petitioners are associations / societies, registered
under the Karnataka Societies Registration Act, 1960 (for
short `the Act'). Section 3 of the Act deals with the
societies to which the Act applies; section 4 provides for
condition of registration; section 5 provides for mode of
forming societies; section 6 provides for requirements with
respect to memorandum of association of every society
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and section 27 provides for cancellation of registration and
dissolution of certain societies.
4. Section 6 provides for requirements with respect
to memorandum of association and under this provision it
is mandatory for every society to have memorandum of
association, rules and regulations of the society which shall
contain provisions relating to admission of members,
general meetings, proceedings at such meetings including
voting by members, the governing body and proceedings
at such meetings including voting by members the
governing body and proceedings of meetings of the
governing body, etc. Thus, the petitioners - societies are
suppose to run their clubs in accordance with the
provisions of the Act and the Rules framed thereunder.
5. This Court, while dealing with the writ petitions,
instituted by clubs, such as the petitions herein, had an
occasion to consider the Karnataka Police Act, 1963, in
particular, sections 2(14) & 2(15) thereof. Sections 2(14)
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and 2(15) define "place of public amusement" and "place
of public entertainment" and after considering these
definitions, this Court in RAMA RECREATION
ASSOCIATION vs. COMMISSIONER OF POLICE -
1993 ILR NULL 3357, 1993 (4) Kar.L.J. 542 observed
thus:
" In a Club, there may be any diversion or
game but that by itself will not convert the
place into the place of public amusement. If,
at such a place music, singing, dancing or any
diversion or game or means of carrying on the
same is provided to which the public are
admitted, only then it will be a place of
amusement. Similarly, regarding the place of
public entertainment there should be a
provision to admit the public, where food or
drink is supplied for consumption. A Club is a
place to which only its members are permitted
to engage in any diversion or recreational
activities etc. The members of the public are
not entitled to demand any entrance either
freely or on payment of any sum. The entry to
the Club is restricted by the terms of the bye-
laws and it is a well-known fact that it is
always restricted to its members. Therefore,
such an Association as that of the petitioner,
cannot be compelled to obtain a licence under
the Licensing Order. Consequently,
respondents are directed not to interfere with
the lawful activities of the petitioner -
Association. However, it is open to the police
30
to verify and find out the nature of the
activities, so that the Club premises may not
be used for any illegal activities."
6. Having regard to the Judgment of this Court in
RAMA RECREATION ASSOCIATION and the orders
placed on record by the petitioners at Annexures C & D
passed in W.P. No.43968/12, I am satisfied that all these
writ petitions can be conveniently disposed of by the
following order:
ORDER
1. The petitioners' associations / societies immediately after their registration and / or at any point of time before they start running the club, shall approach the concerned police station with copy of their registration under the Act along with copy of the memorandum; the list of the members and lease agreement or any other document/s in respect of the premises of the club. They shall tender all these documents to the concerned police station with their covering letter;
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2. The associations / societies shall update list of members submitted to the police after every three months, if there is any change in the list of members;
3. Learned counsel appearing for the petitioners' associations / societies state that members of the society alone will have entry in the premises of the society and that the members shall not be permitted to introduce guests in the club. Their statements are accepted;
4. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the societies. This, however, shall not preclude them to take any appropriate action in accordance with law, if the petitioners' associations / societies indulge in any unlawful / immoral activity;
5. The concerned police station shall also have liberty to visit the club premises periodically or on receipt of any information about their activities which could be termed as unlawful. It is needless to mention that police shall take 32 care that their visit to the club shall not cause harassment to the members of the Managing Committee/the club.
With these observations, petitions are disposed of.
Sd/-
JUDGE SAK