WP/24895/2004 of National Sports AND Cultural Association Vs The Superintendent of Police, on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 24895 of 2004

Between:

National Sports & Cultural Association (Regd.No.561/04), situated at D.No.5-5-123/1A, (Commercial Area) Sircilla Road, Kamareddy, Nizamabad District rep., by its President K.Prabhakar Shetty, s/o Suryanarayana Shetty, aged 56 yrs.r/o c/o Swagath Hotel, Sricilla Road, Kamareddy,Nizamabad

..... PETITIONER

AND

1 The Superintendent of Police, Nizamabad.

2 The Sub-Divisional Police Officer, Kamareddy, Nizamabad District.

3 The C.I. of Police, Kamareddy, Nizamabad District.

4 The S.I. of Police, P.S.Kamareddy Town, Nizamabad District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a writ, order or direction more in the nature of writ of mandamusdirecting the respondents herein to forbear from interfering/constructing thepetitioner's association from conducting the card rooms where the members orguests of the petitioner association are allowed to play the game of rummy withstake/syndicate (13 cards game) and also with lawful activities of the petitionerassociation by duly declaring the action of the respondents in interfering withthe lawful activities of the petitioner association including playing of rummygame is nothing but arbitrary, illegal and violative of Art.14 of the Constitution ofIndia and also contrary to the provisions of A.P. Gamming Act, 1974 and pass such other order or orders Counsel for the Petitioner: MR.V.RAVI KIRAN RAOCounsel for the Respondents 1 to 4: GP FOR HOME

The Court at the stage of admission made the following ORDER:

Petitioner is a Sports & Cultural Association. Its grievance is that therespondents are interfering with its activities and preventing its members fromplaying rummy with stakes or in syndicate.

Learned counsel for the petitioner submits that in State of A.P. v. K.Satyanarayana, the Supreme Court held that rummy with 13 cards is not agame of choice and it is a game of skill. He contends that Sections 3 and 4 ofthe A.P. Gaming Act, 1974 do not apply to such game and it falls within themeaning of game of ‘mere skill’ under Section 15 of that Act.

Learned Government Pleader for Home, on the other hand, submits that underthe guise of playing the game of rummy, the members of the petitioner areresorting to three cards play, which is purely the one of choice.

As part of its activities, the petitioner is maintaining a card room. It is statedthat the members of the petitioner club are playing only the 13 card rummy,sometimes with stakes and sometimes in syndicate. In view of the Judgment ofthe Supreme Court referred to above, the respondents cannot interfere with theplaying of rummy by the members of the petitioner. However, if it is noticed thatthe members of the petitioner are playing any game of choice, including the onewith three cards, steps can certainly be taken in accordance with law to prohibitand penalize such activities.

Hence, the writ petition is disposed of directing that the respondents shall notinterfere with the lawful activities of the members of the petitioner, namely, playing of rummy with 13 cards with stakes or in syndicate and in case, theyare found to be playing any other game of skill, it shall be open to therespondents to take such action as is open to them in law. It is also made clearthat under the guise of causing inspection, the officials or advocate-commissioners shall not be posted and the activities of the club cannot becrippled. No order as to costs.

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30.12.2004

ksld

To

1 The Superintendent of Police, Nizamabad.

2 The Sub-Divisional Police Officer, Kamareddy, Nizamabad District.

3 The C.I. of Police, Kamareddy, Nizamabad District.

4 The S.I. of Police, P.S.Kamareddy Town, Nizamabad District.

5 Two CCs. to the G.P. for Home, High Court of A.P., Hyderabad (OUT).

6 Two CD copies.