SCA/17071/2003 of JACKSON GYMKHANA PVT.LTD. THROUGH CHAIRMAN Vs STATE OF GUJARAT on 24 December 2003

1. Whether Reporters of Local Papers may be allowed : YES

to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- JACKSON GYMKHANA PVT.LTD. THROUGH CHAIRMANVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 17071 of 2003 MR KANTILAL S PATEL for Petitioner No. 1 MR GAURANG K PATEL for Petitioner No. 1 .......... for Respondent No. 1 NOTICE SERVED BY DS for Respondent No. 2-5 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE C.K.BUCH

Date of decision: 24/12/2003

ORAL JUDGEMENT

1. Heard ld.counsel appearing for the parties.

2. By invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner Jackson Gymkhana Pvt. Ltd., Ahmedabad (hereinafter referred to as "petitioner company" for short) has prayed following main reliefs:- (A) xxx��xxx��xxx (B) be pleased to issue a writ of mandamus and or any other appropriate writ, order or direction directing the respondents their servants and aagents not to interfere with the activities of the petitioner company, its club members and Guests of playing skill game of Rummy and Marriage in the Card Room of the Club premises run by the petitioner company.

(C) be pleased to hold and declare that the provisions of the Bombay Prevention of Gambling Act do not apply to the legitimate and legal activity of the petitioner, its club members and their guests of playing skill game of Rummy and Marriage at the club premises of the petitioner company by issuing suitable writ, order or direction under Article 226 of the Constitution of India; (D) xxx��xxx��xxx (E) xxx��xxx��xxx (F) xxx��xxx��xxx

3. The petitioner is a company duly registered under the provisions of the Companies Act, 1956 and as per the objects of the company one gymkhana is being run. The main activities of the petitioner company is to entertain its members and to run restaurant and other sports and games activities. It is the say of the petitioner that frequent visits by the officers of the State of Gujarat have disturbed the activities and they have been threatened to close games of Rummy and Marriage. According to ld. counsel Mr.Patel, conjunctures or assumptions attributed to the petitioner company being highly unjust, illegal, arbitrary and unreasonable and, therefore, the reliefs as prayed be granted. In support of his submissions, Mr. Patel has taken me through relevant documents produced by the petitioner including certificate of incorporation and Memorandum of Association of the Company. He has mainly placed reliance on the following decisions; namely- rendered by this Court in Spl.C.A. No.

10105/2001 on 5.11.2001 (Coram: Kundan

Singh, J);

(ii) Decision in the case of Kismat Gymkhana Pvt.Ltd. v/s State of Gujarat, rendered by this Court in Spl.C.A. No.3341/2001

on 7.8.2001 (Coram : K.M.Mehta,J);

Conclusion

Mr. Patel has also referred to number of various decisions in the memo of petition wherein similar issues were brought before this Court under Article 226 of the decisions in the memo of petition wherein similar issues were brought before this Court under Article 226 of the Constitution of India. Mr. Patel has also submitted this Court has also accepted the similar plea in the case of Ahmedabad Gymkhana Pvt. Ltd. v/s State of Gujarat this Court has also accepted the similar plea in the case of Ahmedabad Gymkhana Pvt. Ltd. v/s State of Gujarat vide judgment dated 12.11.2003 in Spl.C.A. No.

8934/2003.

4. It would be appropriate to quote relevant part of para-5 of the decision of this Court in the case of Sudama Resorts Pvt.Ltd. (supra), wherein the Court has observed that:- " Therefore, regard being had to the contention coming from the learned counsel Mr.

Patel and the decision of the Supreme Court in the case of the State of Andhra Pradesh (supra)

and the decisions of this Court it appears that the present petition requires recognition and the rule requires to be made absolute. I order accordingly and direct that the respondents shall not interfere with the game of Rummy and Marriage being played by the members of the petitioner club and their guests in the club premises.

These orders shall never preclude the concerned respondents or the officers working under them from taking appropriate action under appropriate provisions of the relevant law and the rules, if it is found that the member or the members of the club are playing any other game which could be said to be objectionable or prohibited under the law or the rules."

5. In response to the query raised by the Court, ld.

AGP Ms. Punani has fairly accepted that the petitioner club is doing its activities since many years and none of the members of the club or their guests visiting premises of the club have been held guilty of the offences punishable under the Gambling Act in reference to the raids carried out at the premises of the company either in the year 1992 or 1993 or 1994. Rummy and Marriage are two games which are skill games and which are being played with playing cards (cat) and these games are not mere chance game. Hence, considering the facts and circumstances of the case and settled legal position, this petition requires to be allowed.

6. In view of above, this petition is allowed. It is hereby ordered and directed that the respondents and his officers shall not interfere with the game of Rummy and Marriage being played by the members of the petitioner club and their guests in the club premises. These orders shall never preclude the concerned respondents or the officers working under them from taking appropriate action under appropriate provisions of the relevant law and the rules, if it is found that the member or the members of the club are playing any other game which could be said to be objectionable or prohibited under the law or the rules."

7. Rule is made absolute accordingly. No order as to costs. DS permitted.

����[ C.K. BUCH, J ]

*rawal