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CDJ 2026 Kar HC 453
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| Court : High Court of Karnataka (Circuit Bench At Dharwad) |
| Case No : Writ Petition No.102915 Of 2026 (GM-POLICE) |
| Judges: THE HONOURABLE MR. JUSTICE ASHOK S. KINAGI |
| Parties : Shree Mallika Friends Recreation Club, Rep. by Its Secretary, Uday Marthu Naik, Karwar Versus The State Of Karnataka, by Its Secretary, Bangaloru & Others |
| Appearing Advocates : For the Petitioner: Prashant V.Mogali, Advocate. For the Respondents: T. Hanamareddy, Addl. Govt. Advocate. |
| Date of Judgment : 08-04-2026 |
| Head Note :- |
Constitution of India - Article 226 -
Comparative Citation:
2026 KHC-D 5285,
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 226 of the Constitution of India
- Karnataka Police Act, 1963
- Sections 2(14) & 2(15) of the Act
- Explanation (II) of Sub‑section (7) of Section 2 of Karnataka Police Act, 1963
2. Catch Words:
- mandamus
- writ of mandamus
- recreational activities
- game of chance
- police surveillance
3. Summary:
The petition under Article 226 sought a writ of mandamus to prevent respondents from interfering with the society’s lawful recreational activities. The court noted that the matter is covered by a prior order in WP No. 101799/2016 and, to maintain parity, disposed of the petition with specific directions. The petitioner must install CCTV, issue identity cards, restrict non‑members, and prohibit games of chance or any activity falling under Sections 2(14) and 2(15) of the Karnataka Police Act. The police are empowered to inspect the premises and act against unlawful activities. Respondents are directed not to interfere with lawful activities, subject to police enforcement of the Act. No order as to costs was made.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondents not to interfere in lawful activities of the petitioners Society and to carry out recreational activities in pursuance of Annexure A and B and etc.,.)
Oral Order
Ashok S. Kinagi, J.
1. Learned AGA accepts notice for respondent Nos.1 to 5.
2. The petitioner is before this Court seeking for the following reliefs:
a) Issue a writ of mandamus directing the respondents not to interfere in lawful activities of the petitioner's society and to carry out recreational activities in pursuance of Annexure A and B.
b) Issue such other writ / order / direction as deemed fit, in the interest of justice and equity.
3. Both the counsels submit that, the above matter is covered by the order dated 22.02.2016 passed in W.P.NO.101799/2016 (GM-POLICE) IN SRIMANTH RAMCHANDRARAO APPASAHEB CLUB, JAMAKHANDI VS. STATE OF KARNATAKA.
4. In view of the aforesaid submissions and in the light of the decision in WP.No.101799/2016 (GM-Police) and with a view to maintain parity, writ petition is disposed of with the following directions:
i. The petitioner shall install CCTV cameras at 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 CCTV footages of at least prior 15 days' period shall be made available by the petitioner to the jurisdictional 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 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 Sections 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 jurisdictional police find the game(s) played is/are contrary to any law and in violation of the settled practice, it is open to them to taken 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 or by the members of the petitioner's-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 is/are found to have indulged in any unlawful or immoral activities.
No order as to costs.
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