Karnataka High Court
D.V.R Recreation Club vs The State Of Karnataka And Ors on 15 December, 2014
Author: Ashok B Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2014
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION No.207054 OF 2014 (GM-POLICE)
BETWEEN:
D.V.R. Recreation Club
(A Unit of Janege Green Gardens Pvt. Ltd),
Opp: Nandini Milk Dairy,
in Sy.No.52/2-1, Yera Marus
Raichur - 584134
Through its Managing Director
Srinivas Rao Durga Ravuri
S/o R. Sambasivarao
Age: 48 years, Occ: Managing Director
Opp: Nandini Milk Dairy
In Sy.No.52/2-1, Yera Marus
Raichur - 584134
... Petitioner
(By Sri Baburao Mangane, Advocate)
AND:
1. The State of Karnataka
Through Home Department
Bangalore
2
2. The Superintendent of Police
Raichur - 584134
3. The Deputy Superintendent of Police
Raichur - 584134
4. The Circle Inspector of Police
Raichur, Rural P.S.
Raichur - 584134
5. The Sub-Inspector of Police
Raichur, Rural P.S.
Raichur - 584134
... Respondents
(By Sri Manvendra Reddy, Govt. Advocate)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India, praying to issue a writ in the nature of
prohibition or any other appropriate writ or order, prohibiting
the respondent Nos.2 to 5 from interfering in the day to day
affairs of the petitioner club.
This petition coming on for preliminary hearing this
day, the Court made the following:
ORDER
Sri Manvendra Reddy, the learned Government Advocate submits that the issues raised in this petition are squarely covered by this Court's order, dated 15.10.2014 passed in W.P.No.30071/2014 and the order, dated 3 2.12.2014 passed in W.P.No.46749/2014. The petitioner's learned advocate, Sri Baburao Mangane, is in no position to dispute the same.
2. Following the said orders, I dispose of this petition with the following order:
(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 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 called upon by the police, during the raid(s) and survelliance etc. 4
(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 pay any kind of game(s) with stakes or make any profit or gain out of the game(s) played.
(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 5 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.
3. No order as to costs.
Sd/-
JUDGE Sdu