IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT APPEAL No.3040 OF 2019 (GM-POLICE) BETWEEN:
PRESS TRUST OF SAGAR, ANJANEYA SWAMY KALYANA MANTAPA ROAD, B.H.ROAD, SAGAR TOWN, SHIVAMOGGA – 577 201, REPRESENTED BY ITS SECRETARY, S.V.HITAKAR JAIN, SON OF VRUSHA BAIAH JAIN, AGED ABOUT 47 YEARS. ... APPELLANT (BY SRI P.P.HEGDE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, HOME DEPARTMENT, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BANGALORE – 560 001.
2. THE SUPERINTENDENT OF POLICE, BH ROAD, IPP MC GANN HOSPITAL, SHIVAMOGGA DISTRICT – 577 201.
3. THE DEPUTY SUPERINTENDENT OF POLICE, SAGAR SUB-DIVISION, SAGAR TALUK, SHIVAMOGGA DISTRICT – 577 201.
4. THE INSPECTOR OF POLICE, SAGAR TOWN POLICE STATION, SAGAR – 577 201. ... RESPONDENTS (BY SRI I THARANATH POOJARY, AGA) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (a) SET ASIDE THE ORDER DATED 04.07.2019 PASSED IN WRIT PETITION NO.27269 OF 2019 (b) ALLOW THE WRIT PETITION NO.27269 OF 2019 AD GRANT THE RELIEFS TO THE APPELLANT AS PRAYED FOR THEREIN.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 4.7.2019 passed in Writ Petition No.27269 of 2019 by the learned Single Judge, wherein certain releifs were granted, the writ petitioner has filed this writ appeal.
2. The case of the writ petitioner was that, it had sought for a writ of mandamus to declare that the petitioner and other members are entitled to play games like rummy, Andhar Bahar, carrom, chess, etc.
3. Following the order dated 19.10.2016 passed in Review Petition No.200029 of 2016, wherein in a similarly placed situation, the learned Single Judge granted relief to the petitioner.
4. It is presently contended that so far as playing with stakes is concerned, the relief has been granted by this Court on 19.10.2016 passed in Review Petition No.200029 of 2016 (Annexure-E to writ petition). By placing reliance on the order passed in Review Petition, the appellant’s counsel submits that the petitioner is entitled to play game with stakes.
5. On hearing the learned Counsel, we find no merit in the appeal. We are unable to accept the statement made by the learned Counsel. We do not find that the learned Division Bench has intended that the parties are entitled to gamble. The words stated therein, in our considered view, are not properly understood by the petitioner. It is stated that the petitioner is entitled to play any such games without stakes. The reason is quite obvious. Playing with stakes is gambling. No law can entertain gambling. The understanding of the petitioner with regard to the observation made by the learned Division Bench is not correct since that is not what the learned Division Bench intended to.
Hence, the writ appeal is dismissed.
Sd/- JUDGE Sd/- JUDGE CS