IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 9305 of 2008 Between: NEW TOWN HALL RECREATION CLUB, a society registered in accordance with the provisions of the Act 35 of 2001 bearing Regn No.422 of 2005, represented by its President T.Ravindra Kumar, son of late Razak, aged 35 years, Occupation Business, resident of Golcondarevu Road, Near Bodamma Temple, Srikakulam. ..... PETITIONER AND 1 State of Andhra Pradesh,rep by its Secretary Home, Secretariate Buildings Hyderabad. 2 Superintendent of Police, Srikakulam District, Srikakulam. 3 Deputy Superintendent of Police, Srikakulam District, Srikakulam. 4 Circle Inspector of Police, Srikakulam I Town Police Station,Srikakulam. 5 Sub Inspector of Police, Srikakulam I Town Police Station,Srikakulam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any appropriate Writ, Order or direction, preferably a Writ in the nature of Mandamus declaring the high handed action of the Respondents and more particularly lthe 5th respondent in interfering with the lawful activities of the petitioner club including playing the game of Rummy by the members of the petitioner club in the card room as illegal, arbitrary, without jurisdiction and contrary to the Law laid down by the Hon'ble Constitutional Courts and violatvie of Article 14 of the Constitution of India, and consequently direct the respodents particularly the 5th respondent not o intefere with the lawful activities of the petitioner club including palying the game of Rummy by the memebers of the petitioners club situated at Madhura Nagar, Srikakulam, Srikakulam District, and to pass Counsel for the Petitioner: MR.TARLADA RAJASEKHAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 9305 of 2008 Oral order: The petitioner-club seeks a direction to the respondents in particular the 5th respondent not to interfere with the lawful activities of the petitioner-club including playing of the game of Rummy by its members in the card room. The petitioner is a registered society functioning as a Club with several objects. The petitioner asserts that its members play the game of Rummy, a game of skill in the card room, which is not game of gambling, but a game of chance. In view of the decision of the Supreme Court in the State of Andhra Pradesh v. K. Satyanarayana1, the pursuit of the game of Rummy in a card room in a licensed club does not offend the law. However, the petitioner alleges the 5th respondent is regularly coming to the premises of the petitioner-club and threatening the members and also committee members and preventing the playing of game of Rummy and hence the writ petition. The learned Government Pleader for Home on instructions states that there have been complaints from the locality that the Club is creating nuisance in the vicinity of a residential colony and it should be closed. No action has however been taken by the respondents on such a representation of the community. It is also asserted by the learned Government Pleader that the respondents including the 5th respondent shall not prevent the members of the petitioner- club from pursuing their legitimate game of Rummy, but are entitled to periodically visit the petitioner-club premises to ensure that no untoward or illegal activities are pursued in the club premises. In the light of the submission made on behalf of the respondents by the learned Government Pleader for Home, the writ petition is disposed of directing the respondents not to interfere with the lawful activities of the petitioner-club or its members including playing of the game of Rummy. The respondent Nos. 3 to 5 are however at liberty to periodically visit the petitioner-club premises to ensure that no illegal activities are pursued in the petitioner-club. The writ petition is disposed of as above. No costs. ____________________ GODA RAGHURAM, J Dated: 19-06-2008 pvks/* 1 AIR 1968 SC 823