IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.52002/2017 & 52223-52231/2017 (GM-RES) C/W WRIT PETITION NO.52707/2017 (GM-RES) WRIT PETITION NO.52689/2017 (GM-KSR) WRIT PETITION NO.52510/2017 (GM-RES) & WRIT PETITION NO.52318/2017 (GM-KSR) WRIT PETITION NOs.52002/2017 & 52223-52231/2017 BETWEEN:
1. H S CHANDRE GOWDA AGED ABOUT 53 YEARS S/O LATE SANJEEVAIAH OCCUPATION:BUSINESS R/AT NO.561, 2ND FLOOR 3RD MAIN ROAD, A BLOCK RAJAJINAGAR, BENGALURU-560 010.
2. PRABHAKARA .S S/O SOMEGOWDA AGED ABOUT 41 YEARS R/AT #136, C.I.T.B. MAIN ROAD 2ND STAGE, HEBAL MYSORE-571 017.
3. KUASHIK GHOSH S/O TAPAN KUMAR GHOSH AGED ABOUT 41 YEARS R/AT #D1, SAI GARDEN KAGGADASAPURA 1ST CROSS BENGALURU-560 093.
4. VIJAYALAKSHMI W/O T.S. PARAMEHWARAILA AGED ABOUT 66 YEARS R/AT #424, 14TH A MAIN 1ST BLOCK, W.O.CHORD ROAD, 3RD STAGE, BASAVESHWARANAGAR BENGLAURU-560 079.
5. K. DINESH KUMAR S/O R. KUMAR AGED ABOUT 36 YEARS R/AT #131, RAILWAY PARALLEL ROAD KUMARA PARK WEST BENGALURU-560 020.
6. M. VARAPRASAD S/O MAYLA REDDY AGED ABOUT 57 YEARS R/AT #298, 7TH CROSS, 10TH C MAIN JAYANAGAR II BLOCK BENGALURU-560 011.
7. PRAKASH J S/O M. JAYARAM AGED ABOUT 44 YEARS R/AT #93, KAVERI NILAYA MASTER TOWNSHIP GAYATHRI LAYOUT 2ND STAGE 21ST CROSS, BASAVANAPURA MAIN ROAD K.R.PURAM, BENGALURU-560 036.
8. N. MANJUNATH S/O NARASHIAM AGED ABOUT 30 YEARS R/AT DOOR NO.5, 3RD MAIN SESHADRIPURAM BENGALURU-560 020.
9. T. SRINIVAS S/O C. THANAPPA R/AT #20/2, PAPAIAH STREET DODDAMAVALLI BENGALURU-560 004.
10. KUMAR .N S/O NARAYAN SWAMY AGED ABOUT 48 YEARS R/AT #31, 7TH CROSS, NAGADEVINAHALLI KENGERI HOBLI BENGALURU-560 060.
(BY MR. RAJESWARA P.N. ADV.) AND:
1. STATE OF KARNATAKA … PETITIONERS REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001.
3. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT HOME VIDHANA SOUDHA BENGALURU-560 001.
4. BANGALORE TURF CLUB LTD NO.52, RACE COURSE ROAD BENGALURU-560 001 REPRESENTED ITS CHAIRMAN.
… RESPONDENTS (BY MR. Y.D. HARSHA, AGA FOR R1 TO R3 MR. S. SRIRANGA, ADV., FOR R4) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO RE-START THE HORSE RACE AT BANGALORE TURF CLUB BY RENEWING THE LICENCE FOR HORSE RACES. GRANT AN INTERIM ORDER TO DIRECT RESPONDENTS TO RE- START THE HORSE RACE AT BANGALROE TURF CLUB BY RENEWING THE LICENCE & ETC.
WRIT PETITION NO.52707/2017 BETWEEN:
BANGALORE TURF CLUB STAFF ASSOCIATION REGD NO.DRT(B1)/TUA/6/92-92 HAVING ITS OFFICE AT NO.52 RACE COURSE ROAD BANGALORE-560 001 REP. HEREIN BY ITS GENERAL SECRETARY SRI M.A. RAMACHANDRA MURTHY.
(BY MR. H. SRINIVAS RAO, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF FINANCE VIDHANA SOUDHA BENGALURU-560 01 REP. BY ITS FINANCE SECRETARY.
2. THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BENGALURU-560 001.
3. ADDITIONAL CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001.
4. BANGALORE TURF CLUB LTD REP BY ITS SECRETARY NO.52, RACE COURSE ROAD BANGALORE-560 001.
(BY MR. Y.D. HARSHA, AGA FOR R1 TO R3 MR. S. SRIRANGA, ADV., FOR R4) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO CONSIDER THE APPLICATION OF R-4 AND ISSUE LICENCE FOR CONDUCTING HORSE RACING HELD ON-COURSE AND OFF - COURSE AT BANGALORE TURF CLUB FORTHWITH & ETC.
WRIT PETITION NO.52689/2017 BETWEEN:
THE BANGALORE ANIMAL AND STABLE EMPLOYEES WELFARE SOCIETY (R) No.52, RACE COURSE ROAD BENGALURU-560001 REP. BY ITS SECRETARY SRI. M.P. MAHESH.
(BY MR. SOMASHEKAR, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF FINANCE VIDHANA SOUDHA BENGALURU-560 01 REP. BY ITS FINANCE SECRETARY.
2. THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BENGALURU-560 001.
3. ADDITIONAL CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001.
(BY MR. Y.D. HARSHA, AGA FOR R1 TO R3) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO IMMEDIATELY ENSURE THAT THE ACTIVITIES OF BANGALORE TURF CLUB LIMITED RE-STARTS SO THAT THE PETITIONER SOCIETY WOULD BE IN A POSITION TO PAY SALARIES TO ITS EMPLOYEES AND TO ENSURE THE SAFETY, UPKEEP AND WELFARE OF THE THOROUGHBRED RACE HORSES STABLED WITHIN THE PREMISES OF THE BANGALORE TURF CLUB LTD., & ETC.
WRIT PETITION NO.52510/2017 BETWEEN:
BANGALORE TURF CLUB LTD., A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.52 RACE COURSE ROAD BANGALORE-560 001 REP. HEREIN BY ITS SECRETARY. (BY MR. SRIRANGA S, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF FINANCE VIDHANA SOUDHA BENGALURU-560 01 REP. BY ITS FINANCE SECRETARY.
2. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AFFAIRS GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001.
3. ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001.
(BY MR. Y.D. HARSHA, AGA FOR R1 TO R3 MR. S. SRIRANGA, ADV., FOR R4) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO ACT UPON THE PETITIONER’S APPLICATION DATED 6.11.2017 VIDE ANNEX-U AND APPLICATIONS DTD.16.11.2017 VIDE ANNEX- U1 TO U6 UNDER THE PROVISIONS OF THE MYSORE RACE COURSE LICENSEING ACT, 1952 AND THE RULES FRAMED THEREUNDER AND ISSUE LICENCE FOR BETTING ON HORSE RACING HELD ON COURSE AND OFF-COURSE FORTHWITH & ETC.
WRIT PETITION NO.52318/2017 BETWEEN:
THE KARNATAKA TRAINERS ASSOCIATION AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 CARE OF BANGALORE TURF CLUB LIMITED RACE COURSE ROAD, BENGALURU-560001 REP. BY ITS SECRETARY SRI. LOKANATH GOWDA.
… PETITIONER (BY MR. NISCHAL DEV, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 01.
2. THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OF KARNATAKA FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001.
3. THE BANGALORE TURF CLUB RACE COURSE ROAD BANGALORE-560 001 REP BY ITS CHIEF EXECUTIVE OFFICER.
… RESPONDENTS (BY MR. Y.D. HARSHA, AGA FOR R1 & R2 MR. S. SRIRANGA, ADV., FOR R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT-2 TO RENEW/GRANT LICENSE TO THE R3 FOR CONDUCTING RACING ACTIVITIES INCLUDING OF ON-COURSE RACING & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to file a fresh petition if occasion so arises leaving all contentions open.
Accordingly, the writ petitions are dismissed as withdrawn in terms of the liberty as prayed for.
Sd/- JUDGE SS