Karnataka High Court
Shivapura Geleyara Kreeda Mathhu vs The State Of Karnataka on 27 November, 2012
Author: Dilip B.Bhosale
Bench: Dilip B Bhosale
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE DILIP B BHOSALE
W.P.NO. 46370/2012 (GM-POLICE)
BETWEEN
SHIVAPURA GELEYARA KREEDA MATHHU
SAMSKRUTHIKA SANGHA(R)
HAVING ITS OFFICE AT SIDAPPA BUILDING
M C ROAD, OPP SATHYAGRAHA SOWDHA
SHIVAPURA, MADDUR TALUK
MANDYA DISTRICT-571428
REP BY ITS PRESIDENT ... PETITIONER
(BY SRI. SRIDHAR C.K., ADVOCATE )
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE-560001
2. THE SUPERINTENDENT OF POLICE
MANDYA DISTRICT
MANDYA-571401
3. THE CIRCLE INSPECTOR OF POLICE
MADDUR POLICE STATION
MADDUR TOWN-571428
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4. THE SUB INSPECTOR OF POLICE
MADDUR POLICE STATION
MADDUR TOWN-571428 ... RESPONDENTS
(BY SRI. E.S. INDIRESH, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT POLICE NOT TO INTERFERE WITH THE NORMAL
ACTIVITIES OF THE PETITIONER'S CLUB AND NOT TO INSIST
THE PETITIONER TO OBTAIN LICENSE / PERMISSION TO CARRY
ON THE INDOOR GAMES LIKE CHESS, CAROM, RUMMY, BEST
OF SEVEN, JACKPOT AND SPORTS INCLUDING OTHER
CULTURAL ACTIVITIES, PERMISSIBLE UNDER LAW.
THIS W.P. COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
PC:
The petitioner in the present writ petition seeks the
following relief:
a. Issue a writ in the nature of mandamus directing
the respondents not to interfere with the normal
activities of the petitioner's club and not to insist
the petitioner to obtain license / permission to
carry on the indoor games like chess, carom,
rummy, best of seven, jackpot and sports
including other cultural activities, permissible
under law.
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2. In past, this Court came across several such
petitions and all such petitions were disposed of with
direction to the respondents not to interfere with the lawful
recreational activity carried on by the members of the
petitioner - society making it clear that the respondent
however, will have an opportunity to take any appropriate
action according to law if the petitioners - societies indulge
in any unlawful activity.
3. Petitioners are associations / societies, registered
under the Karnataka Societies Registration Act, 1960 (for
short `the Act'). Section 3 of the Act deals with the
societies to which the Act applies; section 4 provides for
condition of registration; section 5 provides for mode of
forming societies; section 6 provides for requirements with
respect to memorandum of association of every society
and section 27 provides for cancellation of registration and
dissolution of certain societies.
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4. Section 6 provides for requirements with respect
to memorandum of association and under this provision it
is mandatory for every society to have memorandum of
association, rules and regulations of the society which shall
contain provisions relating to admission of members,
general meetings, proceedings at such meetings including
voting by members, the governing body and proceedings
at such meetings including voting by members the
governing body and proceedings of meetings of the
governing body, etc. Thus, the petitioners - societies are
suppose to run their clubs in accordance with the
provisions of the Act and the Rules framed thereunder.
5. This Court, while dealing with the writ petitions,
instituted by clubs, such as the petitions herein, had an
occasion to consider the Karnataka Police Act, 1963, in
particular, sections 2(14) & 2(15) thereof. Sections 2(14)
and 2(15) define "place of public amusement" and "place
of public entertainment" and after considering these
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definitions, this Court in RAMA RECREATION
ASSOCIATION vs. COMMISSIONER OF POLICE -
1993 ILR NULL 3357, 1993 (4) Kar.L.J. 542 observed
thus:
" In a Club, there may be any diversion or
game but that by itself will not convert the
place into the place of public amusement. If,
at such a place music, singing, dancing or any
diversion or game or means of carrying on the
same is provided to which the public are
admitted, only then it will be a place of
amusement. Similarly, regarding the place of
public entertainment there should be a
provision to admit the public, where food or
drink is supplied for consumption. A Club is a
place to which only its members are permitted
to engage in any diversion or recreational
activities etc. The members of the public are
not entitled to demand any entrance either
freely or on payment of any sum. The entry to
the Club is restricted by the terms of the bye-
laws and it is a well-known fact that it is
always restricted to its members. Therefore,
such an Association as that of the petitioner,
cannot be compelled to obtain a licence under
the Licensing Order. Consequently,
respondents are directed not to interfere with
the lawful activities of the petitioner -
Association. However, it is open to the police
to verify and find out the nature of the
activities, so that the Club premises may not
be used for any illegal activities."
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6. Having regard to the Judgment of this Court in
RAMA RECREATION ASSOCIATION and the orders
placed on record by the petitioners at Annexures C & D
passed in W.P. No.43968/12, I am satisfied that all these
writ petitions can be conveniently disposed of by the
following order:
ORDER
1. The petitioners' associations / societies immediately after their registration and / or at any point of time before they start running the club, shall approach the concerned police station with copy of their registration under the Act along with copy of the memorandum; the list of the members and lease agreement or any other document/s in respect of the premises of the club. They shall tender all these documents to the concerned police station with their covering letter;
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2. The associations / societies shall update list of members submitted to the police after every three months, if there is any change in the list of members;
3. Learned counsel appearing for the petitioners' associations / societies state that members of the society alone will have entry in the premises of the society and that the members shall not be permitted to introduce guests in the club. Their statements are accepted;
4. The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the societies. This, however, shall not preclude them to take any appropriate action in accordance with law, if the petitioners' associations / societies indulge in any unlawful / immoral activity;
5. The concerned police station shall also have liberty to visit the club premises periodically or on receipt of any information about their activities which could be termed as 8 unlawful. It is needless to mention that police shall take care that their visit to the club shall not cause harassment to the members of the Managing Committee/the club.
With these observations, petition is disposed of.
Sd/-
JUDGE SAK