Karnataka High Court
M/S God Gift Recreation Centre R vs State Of Karnataka on 1 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:30406
WP No. 20469 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 20469 OF 2024 (GM-POLICE)
BETWEEN:
M/S GOD GIFT RECREATION CENTRE (R)
R/ O SURVEY NO:150, AREHALLI,
HOLALKER TALUK
CHITRADURGA DISTRICT - 577 526
REPRESENTED BY ITS PRESIDENT
T THIPPESWAMY
REGISTERED UNDER KARNATAKA
CO-OP. REGISTRATION ACT, 1960
... PETITIONER
(BY SRI. K V SATEESHCHANDRA., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
Digitally signed by B HOME DEPARTMENT
K
MAHENDRAKUMAR 'VIDHANA SOUDHA
Location: HIGH BENGALURU - 560 001
COURT OF
KARNATAKA
2. THE INSPECTOR GENERAL OF POLICE
EASTER RANGE
DAVANGERE - 577 001
3. THE SUPERINTENDENT OF POLICE
TURUVANURU ROAD,
(NEAR ST.JOSEPH CONVENT)
KELAGOTE, CHITRADURGA - 577 501
4. THE DEPUTY SUPERINTENDENT OF POLICE
CHITRADURGA DIVISION
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NC: 2024:KHC:30406
WP No. 20469 of 2024
POLICE CONTROL ROOM
N H SERVICE ROAD
MANIYUR, CHITRADURGA - 577 501
5. THE CIRCLE INSPECTOR OF POLICE
HOLALKERE
CHITRADURGA - 577 526
6. THE INSPECTOR OF POLICE
HOLALKERE
CHITRADURGA - 577 526
... RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS POLICE NOT TO INSIST THE PETITIONER CLUB
TO OBTAIN LICENSE UNDER THE KARNATAKA POLICE ACT,
1963 OR UNDER THE LICENSING AND CONTROLLING OF THE
PLACES OF PUBLIC AMUSEMENT ORDER, 1970 AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned High Court Government Pleader accepts notice for the respondents.
2. The petitioner seeks a direction to the respondents not to insist that the petitioner Club obtain a license under the Karnataka Police Act, 1963, or under the Licensing and Controlling of Places of Public Amusement Order, 1970.
3. The issue of whether a license must be obtained for recreational activities was examined by a Co-ordinate Bench of -3- NC: 2024:KHC:30406 WP No. 20469 of 2024 this Court in W.P.No.8936/2024, and this Court, by order dated 25.03.2024, held as follows:
"Learned Government Advocate to accept notice for respondents No.1 to 7 and file memo of appearance in four weeks.
2. The petitioner is before this Court seeking for issue of mandamus or any other appropriate writ in the manner as has been sought in the petition. The issue which has been raised in the instant petition has already been considered by this Court in W.P.No.30071/2014 dated 15-10-2014 (between The Media N. Members Club vs. State of Karnataka and Others) wherein the petition was disposed of with the following directions:-
"(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 at least 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 surveillances 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 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.
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(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.
(viii) 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."
This writ petition is also disposed of in the aforesaid terms."
4. In light of the issue having been covered by the decision rendered by the Co-ordinate Bench and facts of the case being undisputed, petition stands disposed off on the same terms.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE VP