WP/33446/2025 of M/s Citizens Club, Vs The State of Telangana on 9 October 2026

ORDER

This writ petition is filed seeking a writ of mandamus to declare the action of lespondents No.2 to 5 in fi'equently raiding the petitioner Club and harassing its members and in registering false cases against its mernbels as illegal and albitrary and consequently, to direct the lespondents No.2 to 5 r-rot to interf-ere with any card game of Rurnrny ( 13-cards game) being played in the card room of the petitioner''s club and to pass such other order or orders

2. Brief facts leading to the filing of the present writ petition are that the petitioner is a club, registered under the Telangana Societies

TMD,J W,P.^o.33446 oI 2O2 5 Registration Act, 2021 with registration No.84 of 1962. It is subrnitted that ihe aim and objecti'"'e of the said society is to pror ide a non- cornmercial, non-profit, mutual benet'it society space to plornote and lacilitate social sporting, recreational and other recreational activities fbr its members. It is submitted that at the tinre of registlation ol'the society, there were about 843 merrbers in the Citizen Club, including contractors, businessmen, engineers and retired Government employecs of the town. lt is submitted that apart from the facilities like Bar and Restaurant. Coflee Shop, Shuttle Badrninton Court, J'ennis Court. Gvnrnasiurn, Banquet tlall. Studio, Garre rooni. Chess garne and Carlom Board. the Citizen Club also included carct room fbr recreational actil'ities and each activity has regulating cornmittees tbr' stri<:t implementation of rules and regulations

3. lt is submitted that the card room activitr is schecluled in fixed hours i.e., 3 p.m. to 1l p.m. on all days and is available only lol its rnernbers and is classified as a skill based games like Rummv and Bridge, which by law are permitted to be played in thc card room. It is submitted that gaurbling ganres like 3 calds (teen patti) arc strictly prohibited ancl such games are not encouraged at the petitioner's club. lt

TI'D,,' w.P.rh.33446 of 2o2s is subrnitted that ever since its formation, the Citizen Club has been complying with the provisions of law and there are no previous complaints of nuisance, disturbance, inconvenience or danger to the mernbers of the clLrb. It is submitted that the club has started offering and opelating the card rooms for the rnembers only after ascertaining fiorn the policc authorities that the same was not illegal and also in vicr,r, of tlre orcler passed by this Court in W.P.No. I l8l of 2027. dated 23.01.2007. It is subrnitted that the respondent police have, however, raided the premises of the petitioner's club on27.10.2025 at 1900 hours and have taken sumoto cognizance of the complaint made by Mr.S.Vasudeva Rao, Inspector of Police, stating that some persons are playing l3 cards Rurnmy game and therefore, the police seized the club token coins and a case was registered under Crime No.522 of 2025, undel Section 3 and .{ of the Telangana Gaming Act, 1974, implicating 50 rnembers as accused and challenging the said action of the police, this rvrit petition has been flled.

1. The learned Senior Counsel Mr.L.Ravichander, appearing fol thc pc-titioner club, submitted that this Coult, in a number of rvrit petitions, has hetd that there is no necessity for the petitioner's club to

7'MD,J W.P No.33446 oJ 2O2s take a license under Section 2(f)(i) ol'the Hvderabad Citr Police Acr tbr operating a card room. However. the petitioner irr abundant caution had inforrned lespondent No.2 and had requested 10 grant pcrmission to operate the card room

5. []e also referred to the provisions of tht: -l'clangann Garning Act ol 1974 and Section 5(2) thereof to subrnir that the police authorities are empowered to take action in case the1 ll nd unlarv tr-rl pla,,'ing o1- garnes, but in the plesent case. since the club had alreadr intirraled lespondents No.2 and 6 authorities and no unlarr, lirl plar irr.s1 of lhe game u,as found by the concerned authorities. the Citizen Club \\as not obligated to plocure license lor ollerating cald plaving r.oonr. It is:;ubmitted that the club had only sought pernrission rindcr. Seclion 5(2) of the 'felangana Gaming Act. 1974

6. He placed reliance upon the decisions ol the Hon'ble Supreme Courl in the lollowing cases I . State of A.P. Vs K.Satyana.ryana';

2. Dr.K.R.Lakshmanan Vs. State of Tamil Narlu2t I AtR r968 sc 825 ) l] l9r,t 2 sCC l2[.

TIdD,J W.P.lio.33446 of 2025

3. Executive CIub Vs. State of A.P.r;

4. D.Krishna Kumar Vs. State of A.P.a

7. lle further placed reliance upon the decision of the IJon'ble High Court irr the case of G.V.R.Family Club Vs. State of Andhra Pradeshs, in support of his contentions.

8. 'fhe leamed senior counsel has drawn the attention of this Court to the provisions of the Telangana Gaming Act to submit that l3 cards lurnrnl, is not prohibited under the said Act.

9. Mr.Mahesh Raje, the learned Govemment Pleader for Horne, placed reliance upon the averments made in the counter affidavit tiled by respondent No.5 and submitted that the petitioner's club was laided on 27.10.1025 and 50 pelsons were found playing 13-cards game fbr stakcs and on seeing the police, they tried to run away from there and they were caught and a case in Crime No.52212025 under Section 3 & -1 of the Carring Act was registered against the said 50 persons. It is stated that the parties were playing the game by betting money and the .r t1q9s) s At-r) 126 ' (2002) s ALt 806 I 2011 SCC ODLrne AP l28l

TMD,J W P.No,33446 ol2025 persons apprehended also admitted that they came to the club to plav I3-r:ards Rumrnl game by berting with the plastic coins r,,.ith prinred nurrbers. It is stated Ihat two rriobile 1;lrones i.r ere also seized and notices under Section 35(3) of BNSS u..ere issLred to the persons rl,ho u,ere apprehended. It is stated that the club's activities go belond lawful ga,ing and involve illegal ganrbling practices triat har.rr tlre conrmur-rity and that sevelal contplaints rvere receivcd liom rvor.nen residents o1' Siddipet 1'own highlighting financial disrress caused by ganrbling at the club. It is t'urther stated thar as per Section l(d ) o| rire- Telangana Gaming Act (Amendnrent .{cl of 20 l7). the e<cnrpri.rr lirr 'games of skill' has been remo'ed rvhen the outcomc rcsults in protit or gair-r fbr the organizer, regardless of whether the garne iur olves skilt or. chance. l1 is thereforc subrnitted that the acti'it_r i.tlLrl!ed in l-rr tlre me:rbers ol' the club .,r,as u,agering or betting and rherefbre. the provisions of the Telangana Garning Act are applicahle an,,l the accusecl are liable fbr punishntent. Tlre copies <_rf the FIR, sretcnl{_,nts r.ccorilccl ancl also the con fession-c um-se izure report are also tiled alonq r.\,ith the counter alfidaVit.

TMD.J W.P.rto.33446 oJ 2o2s

10. tlaving regard to the rival contentions and the material on record, this Courl finds that the Telangana Gaming Act, 1974 deflnes the i.vord "garning" to l.nean playing a game fbr winnings ol prizes in lnoney ol otherwise and includes playing a game of mutka or satta (or online garnir-rg tbr money or any other stakes) and lucky board and wagering c'r betting, except whel'e such wagering or betting takes place upou a horsc-race and the explanation thereto det-rnes wagering or betting to include any act or risking money, or otherwise on the unknown tesult of an event including on a game of skilt. Therefore, the game of' skill has been excluded frorn the definition of wagering or betting. The said provision was considered by a Single Judge of the High Court of Andhra Pradesh, as it then was, in the case of D.Krishna Kumar Vs. State of A.P. (4 supra) and it r.vas held that, as per Section I 5 of the -['cllngana Gaming Act, 1974, the provisions of the said Act rvould uot apply to games of skill and the Court had considered the clecisiorr of the l-{on'ble Supretr.re Court in 1he case ol State of A.P. Vs K,satyanarayana ( t supra) and Dr.K.R.Lakshmanan Vs' State of f-arnil Nadu (2 supra), wherein it tvas held that the l3-card game of Rurnmy is a garne of skill as success therein depends to a substantial

TMD,J W.)'.No.33446 oJ 2O2s degree upon skill. It rvas further observed that the plaving lj-card Rummv rvith stakes would not attract the provisicn of thc Act. Horvever, this Court flnds that the Gaming Act u,as a,renclecl in thc I,crr 2017 and the exemption given to games of skill rvas rentovcd. Corsidering the said amendment ancl the precedents on the issue. this (lorrt in w. P.,'.r..o.3 3 5 56 of 201 5, held that l3-ca.d Rur-.nrr is a ira,rc .1- skill. but the police have the authority to interferc rvith the garne oi Rurnrny if there are stakes involved and if it is denronstr.ated that the parties \\'ete plaving the sarne rvith stakes. l-h.. Cor.rrl hur.l alltirvcrl tlte W.P.No.33556 of 2015 rvith the followins direcrions: "1. l he respondent police ar"rthorities shall not interlere u,ith the card game of rumrnl, ( l-l card galre) \\,hate\ -,r bc the stakes:

2. l'he petitioner shall install video carneras ancl recor.cl the entire recreational actitities in the resorl and ltresen,e llr., said data at lc'ast lor a per.iod olfoftnight so rhat the p,.rlice crn check the lootage. The said C.C. cameras shall hi: c,.rrrnected with the -iurisdictional policc- station and the Ofllce ol- the Supelintendent ol Policc tbr obscrvation h1 thc irolice tu fincl out .rs to r,,hether members ol'the r.esort are incluluirrq in the

TND,,] w.P.r{o.33446 of 2O2s activit), of gambling. Il any of the gaming places is not covered by C.C. carneras, it is fbr the police to take action.

3. The police are entitled to enter into the premises of the petitioner's resort tbr taking action as per law in the event of there being any violation of the provisions of law by the petitioner and the petitioner shall not cause any hindrance to the policc in exercising their statutory powers; and

4. l-his order would not come in the way of the respondents fiom taking action as per law.

5. An1, deviation of the above guidelines by the petitioner's resort will be construed as violation of these orders." ll. 'Ihe said order was passed on 02.11.2015. Therelore, the respondenls ought to have directed the petitioner-club to install CCTV canrelas and ought to have initiated action it, upon verificalion, they tburrd that the petitioner-club was perrnitting the playing of l3-card I{r.rmmy rvith stages. The veracity of allegation of playing a card game witl'r money would come out in the investigation conducted by the police. Accordingtl', this Court holds that though playing of l3-card ro TMD,J tV.F.No 33446 oJ zDZs Rurnrny game withoLrt stakes is not unlawful, the policc can take action if the said game is being plal.ed tbr srakes/by betting.

12. The Writ Petition is, accordingly, disposcd of in ternrs ot- the directions issued bv this coLrrr in w.p.No.135,56 ol- l0l-J rlrtctl 02.1 1.2015. There shall be no order as ro costs.

13. Miscellaneous petitions. if an1,. pendingt in this rr r.ir To, pel it ion. shall stand clo:;cd. SD/.B.REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary, Department of Home, The State of Telangana, Secretarrat, Hyderabad The Commissioner of Police, Siddipet Police Commissionerate, Duddeda (V), Krndapak(M ), Sidd ipet ( D), Telangana, 50227 7 . Tre Assistant Commissioner of Police, ACP Ravindar Reddy Siddipet, Siddipet Division, Srddipet Dist T.S., The Task Force ACP, Ravindar, Siddipet, Division SiddipetDist T.S. The Station House Officer, SIDDIPET 1-TOWN Police Station, SiddipetDist. TC One CC to SRI CH. JAGANNATHA CHARY, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies BN PB

.D G

HIGH COURT DATED: 0911012026

ORDER

WP.No.33446 of 2025 k DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1HE:iTA I5: t o olt zlzs e ), o ), \ -r,1 { t\'1 I t rt (, o