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2017 DIGILAW 304 (KAR)

VARUNI NARAYANI RECREATION ASSOCIATION v. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU

2017-02-06

A.S.BOPANNA

body2017
ORDER : Learned Government Advocate to accept notice for respondents No.1 to 6 and file memo of appearance in four weeks. 2. The petitioner is before this Court seeking for 3. The issue which has been raised in the issue of mandamus or any other appropriate writ in the manner as has been sought in the petition. 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 at least 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 cards to all its members, which shall be produced by the members, when called upon by the police, during the raids and surveillance etc. (iii) The petitioner shall not allow any non-members or the guests of the members, 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 members, by indulging in acts of amusement, falling within the definition of Ss.2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Subsection (7) of Section 2 of Karnataka Police Act, 1963. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the games played. (v) The petitioner shall put proper mechanism in place and shall ensure that no games is played in any unlawful manner by the members. If the police find that games 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. (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 invoking the provisions of the Act and taking action in accordance with law, if the members 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.