IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20253 of 2004 Between: Cosmopolitan Club, Rajahmundry a Society Registered under the Socities Registration Act, Established in 1933 rep by Secretary Sri N. Rama Krishna ..... PETITIONER AND 1 State of A.P., rep by Director General of Police, Khairatabad, Hyderabad. 2 Dy. Inspector General of Police Elurur, West Godavari District. 3 Superintendent of Police East Godavari Kakinada. 4 Deuty Superintendent of Police Rajahmundry, E.G. District. 5 Circle Inspector of Police (Town) Rajahmundry, E.G. District. 6 Station House Officer, (SHO) I Town Rajahmundry, E.G. District. 7 Station House Officer, (SHO) II Town Rajahmundry, E.G. District. 8 Station House Officer, (SHO) III Town Rajahmundry, E.G. District. .....RESPONDENTS 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 issue a Writ or Mandamus or any other appropriate Writ or direction under Article 226 of the constitution of India directing the respondents not to interfere with their legitimate activities in the club including playing of rummy and Bridge with stakes. Counsel for the Petitioner: MR.C.PRAVEEN KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: In the writ petition the petitioner is seeking a writ of Mandamus declaring the action of the respondents in interfering with their legitimate activities in the club including playing of Rummy and Bridge with stakes, as arbitrary and illegal and consequently direct the respondents not to interfere with the legal activities of the petitioner Club. Heard both sides. It has been represented by the learned counsel for the petitioner and also by the learned Government Pleader for Home that the issue involved in this writ petition is squarely covered by a Judgment of Division Bench of this Court in Writ Appeal No.1167 of 2002, dated 29.07.2002, wherein it is held as follows: “Therefore, the police authorities cannot obstruct the writ petitioner-club from conducting card room where the members and guests of the writ petitioner’s cultural center are allowed to play the game of rummy with stakes syndicate (thirteen card game). At the same time, we make it clear that the police is always at liberty to enter the premises and check as to whether the cultural center of the club is conducting card room where the members and guests of the petitioner’s cultural center are playing the game of rummy with stakes/syndicate (thirteen card game), for the purpose of verification. If they receive any intimation, the police may enter the club and verify the same and proceed further if the members and guests of writ petitioner’s cultural center play other than the game of rummy with stakes syndicate (thirteen card game). The police authorities are also at liberty to proceed with the cases, which are already registered. The Writ Appeal is disposed of accordingly.” Following the same and for the reasons mentioned therein, the writ petition is disposed of in terms of the above decision of the Division Bench. However, it is made clear that the respondents are at liberty to take appropriate action against the members of the petitioner-Club if they promote any illegal activity at the premises of the petitioner-Club. It is also made clear that in case any search or inspection is conducted in the premises of the petitioner, it should be done in the presence of the mediators, who are having respectable status in the society. No costs. _____________ 04-11-2004 vs To 1 The Director General of Police, State of A.P., Khairatabad, Hyderabad. 2 The Dy. Inspector General of Police Elurur, West Godavari District. 3 The Superintendent of Police East Godavari Kakinada. 4 The Deuty Superintendent of Police Rajahmundry, E.G. District. 5 The Circle Inspector of Police (Town) Rajahmundry, E.G. District. 6 The Station House Officer, (SHO) I Town Rajahmundry, E.G. District. 7 The Station House Officer, (SHO) II Town Rajahmundry, E.G. District. 8 The Station House Officer, (SHO) III Town Rajahmundry, E.G. District. 9 2CCs to the G.P for Home, High Court Buildings, Hyderabad. 10 2CD copies