WP/25106/2004 of Kondaveeti Health Club Vs The Superintendent of Police on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. ROHINI

WRIT PETITION NO : 25106 of 2004

Between:

Kondaveeti Health Club Door No.5-14-86/26 SattenapallI

Guntur District rep.by its President, K.Venkata Krishna Mohan

..... PETITIONER

AND

1 The Superintendent of Police, Guntur, Guntur District.

2 The Inspector of Police Sattenapalli, Guntur District.

3 The Sub-Inspector of Police, Sattenapalli Town P.S, Sattenapalli, Guntur District Sattenapalli, Guntur District

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will bepleased to Issue a writ order or direction more particularly one in the nature ofWrit of Mandamus declaring the action of the respondents in interfering withlawful activities of the petitioner club including playing of game of rummy with13 cards and syndicate in the petitioner club as illegal, arbitrary andunconstitutional .

Counsel for the Petitioner:MR.M.SUBBA REDDY

Counsel for the Respondent No.: GP FOR HOME

The Court made the following :

In the writ petition the petitioner is seeking a writ of Mandamusdeclaring the action of the respondents in directing the members of thepetitioner Club not to play game of Rummy as arbitrary and illegal andconsequently direct the respondents not to interfere with the legalactivities of the petitioner-Club.

Heard both sides.

It has been represented by the learned counsel for the petitionerand also by the learned Government Pleader for Home that the issueinvolved in this writ petition is squarely covered by a Judgment ofDivision Bench of this Court in Writ Appeal No. 1167 of 2002, dated29-07-2002, wherein it is held as follows:

“Therefore, the police authorities cannot obstructthe writ petitioner-club from conducting card room wherethe members and guests of the writ petitioner’s culturalcenter are allowed to play the game of rummy withstakes/syndicate (thirteen card game). At the same time,we make it clear that the police is always at liberty toenter the premises and check as to whether the culturalcenter of the club is conducting card room where themembers and guests of the petitioner’s cultural centerare playing the game of rummy with stakes/syndicate(thirteen card game), for the purpose of verification. Ifthey receive any intimation, the police may enter the cluband verify the same and proceed further if the membersand guests of writ petitioner’s cultural center play otherthan the game of rummy with stakes/syndicate (thirteencard game). The police authorities are also at liberty toproceed with the cases, which are already registered.The Writ Appeal is disposed of accordingly.”

Following the same and for the reasons mentioned therein, thewrit petition is disposed of in terms of the above direction of theDivision Bench. However, it is made clear that the respondents are atliberty to take appropriate action against the members of the petitioner-Club if they promote any illegal activity at the premises of thepetitioner-Club. It is also made clear that in case any search orinspection is conducted in the premises of the petitioner,it should be done in the presence of the mediators, who arehaving respectable status in the society. No costs.

___________________

G. ROHINI, J.

31[st ]December, 2004

BJ/

To

1 The Superintendent of Police, Guntur, Guntur District.

2 The Inspector of Police Sattenapalli, Guntur District.

3 The Sub-Inspector of Police, Sattenapalli Town P.S, Sattenapalli, Guntur District Sattenapalli, Guntur District

4. Two CCs. to G.P. for Home.

5. Two C.D. copies.

Urgent.

THE HON’BLE MS. JUSTICE G. ROHINI

Note: CC in three days.

W.P.No. 25106 of 2004

31[st] Dece3mber, 2004