Deeksha Recreation Club vs The State Of Karnataka on 8 June, 2018

[Cites 4, Cited by 21]

Karnataka High Court

Deeksha Recreation Club vs The State Of Karnataka on 8 June, 2018

Bench: Aravind Kumar

                          1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 08TH DAY OF JUNE, 2018

                       BEFORE

       THE HON'BLE MR.JUSTICE ARAVIND KUMAR

       WRIT PETITION NO.15788/2018 (GM-POLICE)


BETWEEN:

DEEKSHA RECREATION CLUB
DOOR NO.14/272
PONNODI VANIJYA SANKEERANA
MOODA VILLAGE, BANTWAL TALUK
D.K.-574211
REP. BY ITS PRESIDENT
MR. DINESH KUMAR
S/O K. BABU POOJARY
AGED ABOUT 45 YEARS.
                                        ...PETITIONER

(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)


AND:

1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY
      HOME DEPARTMENT
      VIDHAN SOUDHA
      BANGALORE-560 001.

2.    THE SUPERINTENDENT
      OF POLICE, MANGALORE
      D.K. DISTRICT-576101.

3.    THE ASSISTANT SUPERINTENDENT
      OF POLICE, BANTWAL DIVISION
      (LAW AND ORDER)
      D.K. -576101.
                            2

4.   THE DEPUTY SUPERINTENDENT
     OF POLICE, BANTWAL DIVISION
     MANGALORE TALUK
     D.K.-576102.

5.   THE INSPECTOR OF POLICE
     D.C.I.B SQUAD
     MANGALORE-576104.

6.   THE INSPECTOR OF POLICE
     BANTWAL CIRCLE
     D.K.DISTRICT-576102.

7.   THE SUB INSPECTOR OF POLICE
     BANTWAL RURAL POLICE
     STATION, BANTWAL
     D.K. DISTRICT-576101.
                                      ...RESPONDENTS

(BY SRI. VIJAY KUMAR A. PATIL, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE PETITIONER IS NOT REQUIRED TO OBTAIN ANY
PERMISSION OR LICENSE UNDER THE PROVISIONS OF
LICENSING AND CONTROLLING OF PLACES OF THE
PUBLIC AMUSEMENT ORDER TO PLAY INDOOR GAMES
SUCH AS CHESS, CAROM, RUMMY (CARDS GAMES),
BILLIARDS/SNOOKER, VIDEO GAMES, SKILLED GAMES
AND OTHER INDOOR AND OUTDOOR GAMES FOR THE
BENEFIT OF ITS MEMBERS.

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


                         ORDER

Learned Government Advocate accepts notice for respondent Nos.1 to 7.

2. 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. The issue which has been raised in the present 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 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 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 5 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."

Present writ petition is also disposed of in the aforesaid terms.

Learned Government Advocate is permitted to file memo of appearance within four (4) weeks from today.

SD/-

JUDGE DR

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