Karnataka High Court
Members Recreation Lounge vs State Of Karnataka on 16 July, 2014
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 16TH DAY OF JULY, 2014
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NO.30406/2014 C/W
W.P.NOS.30917 - 30918, 30823 - 30824/2014
(GM-POLICE)
IN W.P.NO.30406/2014:
BETWEEN:
MEMBERS RECREATION LOUNGE,
A RECREATION CLUB,
REGISTERED UNDER THE SOCIETIES ACT,
HAVING ITS OFFICE AT
SHOP NO.5-A, ROOPA COMPLEX, NO.54,
2ND CROSS, MANUVANA METRO STATION,
VIJAYANAGARA, BANGALORE-560 040.
REP. BY ITS PRESIDENT,
SRI SUNIL S.,
S/O SEENAPPA M.B., AGED 30 YEARS.
... PETITIONER
(BY SMT.PRAMILA M. NESARGI, SR. COUNSEL FOR
SRI N.RAVINDRANATH KAMATH, ADV.)
AND:
1. STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BANGALORE-560 001.
2
3. THE JOINT COMMISSIONER OF POLICE,
(LAW & ORDER), INFANTRY ROAD,
BANGALORE-560 001.
4. THE JOINT COMMISSIONER OF POLICE (CRIME),
INFANTRY ROAD,
BANGALORE-560 001.
5. THE DEPUTY COMMISSIONER OF POLICE,
WEST DIVISION,
BANGALORE-560 001.
6. THE DEPUTY COMMISSIONER OF POLICE,
CCB, BANGALORE-560 001.
7. THE ASSISTANT COMMISSIONER OF POLICE,
VIJAYANAGARA,
BANGALORE-560 040.
8. THE INSPECTOR OF POLICE,
VIJAYANAGARA POLICE STATION,
BANGALORE-560 040.
... RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, HCGP.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT POLICE NOT TO COMPEL OR PRESSURIZE THE
PETITIONER TO CLOSE DOWN THEIR CLUB VIZ., MEMBERS
RECREATION LOUNGE, SITUATED IN SHOP NO. 5-A, ROOPA
COMPLEX, NO. 54, 2ND CROSS, MANUVANA METRO STATION,
VIJAYANAGAR, BANGALORE-560 0040 OR ITS RECREATION
ACTIVITIES; CONSEQUENTLY DIRECTING RESPONDENTS NOT
TO INTERFERE IN THE ACTIVITIES OF THE PETITIONER CLUB
IN CONDUCTING THE RECREATION, ENTERTAINMENT AND
OTHER CULTURAL ACTIVITIES SUCH AS FANTASTIC III 3 DICE,
SIX COLOURS PIN GAME (DART), CARDS (RUMMY), POKER
CAROM, CHESS, BILLIARDS, SNOOKER, TABLE TENNIS, ETC.,
WHICH ARE GAMES OF SKILL AND OTHER INDOOR AND
OUTDOOR GAMES FOR THE BENEFITS OF ITS MEMBERS AND
ALSO THE SOCIAL SERVICES.
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IN W.P.Nos.30917 - 30918/2014:
BETWEEN:
1. M/S OM CULTURAL RECREATION
SOCIAL ASSOCIATION,
NO-10, SARAKKI GATE,
KANAKPURA MAIN ROAD,
BANGALORE-560 078.
REP. BY S.D.JAYARAM,
S/O SIDDE GOWDA.
AGED ABOUT 33 YEARS.
2. M/S OM CULTURAL AND RECREATION
SOCIAL ASSOCIATION.
NO.-31, GOLD TOWERS,
50 RESIDENCY ROAD,
BANGALORE-560 025.
REP. BY P.M. SHIVANNA,
S/O MARIGOWDA,
AGEDA ABOUT 44 YEARS.
... PETITIONERS
(BY SMT.PRAMILA M. NESARGI, SR. COUNSEL FOR
SRI BHARATH KUMAR, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
BANGALORE-560001.
2. THE COMMISSIONER OF POLICE,
INFANTRY ROAD, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER OF POLICE,
CENTRAL DIVISION, BANGALORE-560 001.
4. THE DEPUTY COMMISSIONER OF POLICE,
SOUTH DIVISION, BANGALORE-560 001.
5. THE ASSISTANT COMMISSIONER OF POLICE,
ULSOOR DIVSION, BANGALORE-560 002.
4
6. THE ASSISTANT COMMISSIONER OF POLICE,
JAYANAGAR DIVISION, BANGALORE-560 011.
7. THE INSPECTOR OF POLICE,
KUMAR SWAMY LAYOUT POLICE STATION,
BANGALORE-560 011.
8. THE INSPECTOR OF POLICE,
COMMERCIAL STREET POLICE STATION,
BANGALORE-560 001.
... RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, HCGP.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE PETITIONERS ASSOCIATIONS ARE NOT REQUIRED
TO OBTAIN ALICENSE UNDER THE LICENSING AND
CONTROLLING OF PLACE OF PUBLIC AMUSEMENT ORDER, OR
UNDER THE KARNATAKA POLICE ACT, 1963 TO CARRY ON
RECREATIONAL AND OTHER LAWFUL ACTIVITIES LIKE SKILL
GAME , CHESS, CARROM, FANTASTIC-III, PLAYED WITH 3 DICE,
DICE BALL, DART GAMES, ELECTRONIC POKER GAMES, TABLE
TENNIS, CARDS (RUMMY) VIDEO GAME, SNOOKER, POOL
GAME, BILLIARDS, PINGPANG , JOKER GAMES, ADN OTHER
INDOOR AND OUTDOOR GAMES IN THE PETITION SCHEDULE
PREMISES.
IN W.P.Nos.30823 - 30824/2014:
BETWEEN:
1. M/S OM CULTURAL RECREATION
ASSOCIATION ®
NO.141/51, 6TH CROSS TEACHERS COLONY,
BSK IIND STAGE, SUBRAMEYAPUR ROAD,
BANGALORE-560003,
REP. BY PRESIDENT MR.MUTHURAJU,
S/O RAJU, AGED ABOUT 30 YEARS.
2. M/S OM SHAKATHI CULTURAL AND
RECREATUIB ASSICUATUIB ®
NO.6 & 7 10(8/U1),
RAJAKAMAL HOTEL COMPLEX,
1ST MAIN, RADHAKRISHNA ROAD,
5
KUMAR PARK, BANGALORE-560001,
REP. BY ITS PRESIDENT,
V.GOVINDARAJ,
S/O VENKATAPPA,
AGED ABOUT 25 YEARS.
... PETITIONERS
(BY SMT.PRAMILA M. NESARGI, SR. COUNSEL FOR
SRI BHARATH KUMAR, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
BANGALORE-560001.
2. THE COMMISSIONER OF POLICE,
INFANTRY ROAD, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER OF POLICE,
SOUTH DIVISION, BANGALORE-560001.
4. THE DEPUTY COMMISSIONER OF POLICE,
CENTRAL DIVISION, BANGALORE-560001.
5. THE ASSISTANT COMMISSIONER OF POLICE,
HIGH GROUND DIVISION, BANGALORE-560001.
6. THE ASSISTANT COMMISSIONER OF POLICE,
BANASHANKARI DIVISION, BANGALORE.
7. THE INSPECTOR OF POLICE,
HIGH GROUND POLICE STATION,
BANGALORE-560011.
8. THE INSPECTOR OF POLICE,
BHANASHANKARI POLICE STATION,
BANGALORE.
... RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, HCGP.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT
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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, VIDEO GAME, TABLE TENNIS, CARDS
(RUMMY) AND OTHER INDOOR AND OUTDOOR GAMES FOR
THE BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICE
AND etc., BEING RUN UNDER THE NAME AND STYLE OF
M/S.OM SHAKTHI CULTURAL AND RECREATUIB ASSICUATUIB
® NO.6 & 7 10 (8/1) RAJAKAMAL HOTEL COMPLEX, 1ST MAIN,
RADHAKRISHNA ROAD, KUMAR PARK BANGALORE-560 001.
EITHER UNDER THE KARNATAKA POLICE ACT UNDER THE
LICENSING AND CONTROLLING OF THE PLACE OF PUBLIC
AMUSEMENT ORDER, BANGALORE CITY.
THESE WRIT PETITIONS COMING ON FOR PRL.HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Recording the submission of learned Government Pleader, on instructions, that the petitioners' recreation lounge are not closed nor compel or pressurize the petitioners to close down its amusement centres, nothing further survive for consideration in these petitions and are accordingly disposed of.
Sd/-
JUDGE AN/-