Karnataka High Court
M/S Sri Shiva Sai Recreation ... vs The State Of Karnataka on 18 December, 2012
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 18TH DAY OF DECEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE ANAND BYRAREDDY
WRIT PETITION NO.51159 OF 2012 [GM-POLICE]
BETWEEN:
M/S. SRI SHIVA SAI RECREATION ASSOCIATION
NO.45, GROUND FLOOR & 1ST FLOOR
NARAYANAPPA BUILDING
EJIPURA MAIN ROAD
VIVEKANAGAR POST
BANGALORE-560 047
REP. BY ITS PRESIDENT
SRI. N. NARASIMHAMURTHY ...PETITIONER
(BY:SRI S. RAJU, ADVOCATE FOR
M/S.S.RAJU & ASSTS.,)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE-560 001.
2. THE COMMISSIONER OF POLICE
INFANTRY ROAD
BANGALORE-560 001.
3. THE DEPUTY COMMISSIONER OF POLICE
CITY CRIME BRANCH
RAYAN CIRCLE, N.T. PETE
BANGALORE-560 00.
4. THE DEPUTY COMMISSIONER OF POLICE
CENTRAL DIVISION
CUBBAN PARK
BANGALORE-560 002.
2
5. THE ASSISTANT COMMISSIONER OF POLICE
ULSOOR GATE NORTH-DIVISION
BANGALORE-560 020.
6. THE CIRCLE INSPECTOR OF POLICE
VIVEKANAGARA POLICE STATION
VIVEKANAGARA
BANGALORE-560 047 ... RESPONDENTS
(BY SRI: R.B. SATYANARAYANA SINGH, HCGP))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO INSIST UPON THE PETITIONER TO
OBTAIN LICENCE FOR THE PLAY OF SKILL GAMES SUCH AS
CHESS, CAROM, DART GAME, WALL COIN GAME, SIX COLOUR
GAMES, RUMMY, TABLE TENNIS, BILLIARDS/SNOOKER CARDS
CLUB SKILL GAMES, VIDEO GAME, JOKER BONUS & ALL
INDOOR GAMES BEING RUN UNDER THE NAME AND STYLE OF
M/S. SRI SHIVA SAI RECREATION ASSOCIATION NO.45,
GROUND FLOOR & 1ST FLOOR, NARAYANAPPA BUILDING,
EJIPURA MAIN ROAD, VIVEKANAGAR POST, BANGALORE-47
EITHER UNDER THE KARNATAKA POLICE ACT UNDER THE
LICENCING & CONTROLLING OF THE PLACE OF PUBLIC
AMUSEMENT ORDER BANGALORE CITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING :
ORDER
The Government pleader is directed to take notice for the respondents.
2. The learned counsel for the petitioner would submit that the present petitioner is an Association which is licenced to conduct games of skill and accordingly, the 3 members of the Association use the premises of the petitioner to play permitted games of skill. However, the respondent-police are visiting the petitioner's premises often and threaten that the petitioner-association is permitting other activities without obtaining licence and they insist that the petitioner must also obtain licence under the Karnataka Police Act, 1963 to carry on recreational activity. The learned counsel for the petitioner would point out that in several instances this Court has consistently held that such associations ought not be prevented from carrying on lawful activity as licenced and that the respondent-police have been directed to not to interfere with the lawful recreational activity which are carried on by the members of the petitioner-association while reserving liberty to the police to take appropriate action in the event that there is possibility of unlawful activity taking place. When the police are vested with the power to take action against any unlawful activity indulged by the members of the petitioner's association the insistence of the police that the petitioners ought to obtain licence under the Karnataka Police Act, without any other 4 unlawful activity having been found in the premises of the Association results in hardship and is a constant harassment.
3. Therefore, the petition is allowed with a direction that the respondents shall not interfere with any of lawful activities of the members of the petitioner's association. It is made clear that the respondents are at liberty to take appropriate action in accordance with law if it is found that the petitioner and its members indulge in any unlawful activities on proof of such unlawful activity.
4. With the above observation, this petition stands disposed of.
Sd/-
JUDGE VGR