IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1460 of 2005 Between: Korampally Recreation Club Private Limited, Manugur Village and Mandal, Khammam District rep., by its Secretary, K.Satyanarayana, s/o Venkata Ratnam, aged 40 years, r/o Khammam, Khammam District. ..... PETITIONER AND 1 The Superintendent of Police, Khammam District, at Khammam. 2 The Station House Officer, Manugur Police Station, Khammam 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 writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in obstructing the playing of rummy with stakes/syndicate by the members of the petitioner club as being arbitrary, illegal, unconstitutional and contrary to the Judgment of the Hon'ble Supreme Court in State of A.P., Vs.K.Satyanarayana reported in AIR 1968 SC 825 and in 2002 (5) ALT(DB) page 805 and consequently direct the respondents not to interfere with the playing of rummy with stakes/syndicate by the members of the petitioner club within the club premises. Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for Respondents No.1 and 2: GP FOR HOME The Court at the stage of admission made the following ORDER: Petitioner is a recreation club. Its grievance is that the respondents are interfering with its activities and preventing its members from playing 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 a game of choice and it is a game of skill. He contends that Sections 3 and 4 of the A.P. Gaming Act, 1974 do not apply to such game and it falls within the meaning of game of ‘mere skill’ under Section 15 of that Act. Learned Government Pleader for Home, on the other hand, submits that under the guise of playing the game of rummy, the members of the petitioner are resorting 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 stated that 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 of the Supreme Court referred to above, the respondents cannot interfere with the playing of rummy by the members of the petitioner. However, if it is noticed that the members of the petitioner are playing any game of choice, including the one with three cards, steps can certainly be taken in accordance with law to prohibit and penalize such activities. Hence, the writ petition is disposed of directing that the respondents shall not interfere 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, they are found to be playing any other game of skill, it shall be open to the respondents to take such action as is open to them in law. It is also made clear that under the guise of causing inspection, the officials or advocate- commissioners shall not be posted and the activities of the club cannot be crippled. There shall be no order as to costs. _____________ 02.02.2005 Note: Issue CC in four days. (BO) ksld To 1 The Superintendent of Police, Khammam District, at Khammam. 2 The Station House Officer, Manugur Police Station, Khammam District. 3 Two CCs. to the G.P. for Home, High Court of A.P., Hyderabad (OUT). 4 Two CD copies.