Full Judgment Text
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NC: 2026:KHC-K:3162
WP No. 200984 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 9 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200984 OF 2026 (GM-POLICE)
BETWEEN:
MASKI SAMRUDDI SPORTS AND RECREATION
ASSOCIATION, MASKI,
TQ. MASKI, DIST. RAICHUR 584124
BY ITS PRESIDENT SHIVARAJ S/O RACHAPPA,
AGE 44 YEARS, OCC AGRICULTURE,
R/O MASKI VILLAGE, TQ. MASKI,
DIST RAICHUR 584124.
…PETITIONER
(BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANSOUDHA, Dr.B.R.AMBEDKAR VEEDHI,
BENGALURU 560001.
2.
THE DEPUTY COMMISSIONER,
DIST RAICHUR 584101.
3. THE SUPERINTENDENT OF POLICE,
DIST RAICHUR 584101.
Digitally signed
by SACHIN
Location: HIGH
COURT OF
KARNATAKA
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4. THE CIRCLE INSPECTOR OF POLICE,
MASKI, RAICHUR DISTRICT 584124.
5.
THE REGISTRAR OF DISTRICT SOCIETIES
AND DEPUTY REGISTRAR OF CO OPERATIVE
SOCIETIES, RAICHUR, DIST RAICHUR 585105.
…RESPONDENTS
(BY SRI. MALLIKIARJUN SAHUKAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO A) ISSUE A
WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENTS NOT TO INSIST THE PETITIONER TO OBTAIN
LICENSE UNDER KARNATAKA POLICE ACT OR UNDER
LICENSING AND CONTROLLING OF PLACES OF PUBLIC
AMUSEMENT FOR CARRYING SPORTS, CULTURAL AND SOCIAL
ACTIVITIES, ETC. IN THE PREMISES OF THE PETITIONER -
ASSOCIATION, IN THE INTEREST OF JUSTICE AND EQUITY; B)
PASS SUCH OTHER ORDERS OR DIRECTIONS AS THIS
HONOURABLE COURT DEEMS JUST AND PROPER UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS
WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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ORAL ORDER
Petitioner is before this Court under Article 226 and 227
of the Constitution of India seeking for the following reliefs :
A) Issue a writ in the nature of mandamus,
directing the respondents not to insist the
petitioner to obtain license under Karnataka
Police Act or under licensing and controlling of
places of public amusement for carrying sports,
cultural and social activities, etc. in the premises
of the petitioner - association, in the interest of
justice and equity.
b) Pass such other orders or directions as this
Hon’ble Court deems just and proper under the
facts and circumstances of the case and allow
this writ petition, in the interest of justice and
equity.
2. Heard the learned counsel for the petitioner and
learned Additional Government Advocate for respondents.
3. It is not in dispute that the issue raised in this writ
petition has been considered and answered in
W.P.No.105824/2015 disposed of on 07.08.2015 and also
followed in W.P.No.109595/2015 decided on 11.09.2015.
4. In view of the said decision, the writ petition is also
disposed of in the following terms:
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(i) The petitioner shall install CC TV cameras at all the
places of access to its members and also at all the
places, wherein game(s) is/are played by the members
within a period of six weeks. The CC TV footage of
atleast prior 15 days’ period shall be made available by
the petitioner to the jurisdiction 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 concerned police, during the
raid(s), 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 games 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
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explanation (II) of Subsection (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 jurisdiction police find
that the game(s) played is/are contrary to any law and
in violation of the settled practice, it is open to them to
take action against the 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’s-Club/Association.
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(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 is/are found to have
indulged in any unlawful or immoral activities.
No order as to costs.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SN
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