Shanthala Recreation Club vs The State Of Karnataka on 24 October, 2016

[Cites 4, Cited by 8]

Karnataka High Court

Shanthala Recreation Club vs The State Of Karnataka on 24 October, 2016

Bench: A S Bopanna

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF OCTOBER, 2016

                          BEFORE

         THE HON'BLE MR. JUSTICE A S BOPANNA

        WRIT PETITION No.54710/2016 (GM-POLICE)

BETWEEN

SHANTHALA RECREATION CLUB
SHANTHIGRAMA,
SHANTHIGRAMA HOBLI,
HASSAN TALUK,
HASSAN DISTRICT-573 116,
REP BY ITS PRESIDENT,
SRI. GIRISHA, S/O. RANGE GOWDA,
AGED ABOUT 39 YEARS,
JANATHA COLONY, SHANTHIGRAMA,
HASSAN TALUK,
HASSAN-573 116.
                                            ... PETITIONER

(BY SRI PRATHEEP K C, ADV.)

AND

1.    THE STATE OF KARNATAKA
      REP. BY ITS SECRETARY,
      HOME DEPARTMENT,
      VIDHANA SOUDHA,
      BANGALORE-01.

2.    THE SUPERINTENDENT OF POLICE
      HASSAN DISTRICT,
      HASSAN-573 201.

3.    THE DEPUTY SUPERINTENDENT OF POLICE
      HASSAN,
      HASSAN DISTRICT-01.

4.    THE CIRCLE INSPECTOR OF POLICE
      HASSAN RURAL POLICE STATION,
      HASSAN DISTRICT-57
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5.   THE SUB-INSPECTOR OF POLICE
     SHANTHIGRAMA POLICE STATION,
     HASSAN DISTRICT-573 116.
                                               ... RESPONDENTS

(BY SMT PRATHIMA HONNAPURA, HCGP)

      THIS PETITION 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 THE PLAY OF SKILL GAMES SUCH AS CHESS,
CAROM, TABLE TENNIS, CARDS [RUMMY, JACKPOT & BEST OF
SEVEN] AND OTHER INDOOR AND OTUDOOR GAMES FOR THE
BENEFIT OF ITS MEMBERS AND ALSO SOCIAL SERVICES AND etc.
IN THE PREMISES OF CLUB BEING RUN UNDER THE NAME &
STYLE OF SHANTHALA RECREATION CLUB, SHANTHIGRAMA,
SHANTHIGRAMA HOBLI, HASSAN TALUK, HASSAN DISTRICT,
EITHER UNDER THE KARNATAKA POLICE ACT OR UNDER THE
PROVISIONS OF LICENSING AND CONTROLLING OF THE PLACE OF
PUBLIC AMUSESMENT ORDER AND NOT TO INTERFERE IN THE
PLAY OF SKILL ORIENTED GAMES AS MENTIONED ABOVE IN THE
PETITIONER'S CLUB PREMISES.

      THIS PETITION COMING ON FOR PRELIMANARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Learned Government Advocate to accept notice for respondents No.1 to 5 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. 3

3. 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 (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 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 surveillance 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 4 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.

(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 5 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.

Sd/-

JUDGE VP

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