IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15264 of 2008 Between: Prince Sports & Games Cultural Association, Door No. 5-64, Kanasanapalli (V), Agiripalli (M) Krishna district, rep by its President P. Nageswara Rao. ..... PETITIONER AND 1 The Superintendent of Police, Krishna District at Machilipatnam. 2 The Inspector of Police, Hanuman Junction PS., Krishna District. 3 The Sub-Inspector of Police, Agiripally P.S., at Agiripalli, Krishna 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 or direction preferably Writ of Mandamus declaring the action of the respondents in interfering with lawful activities of the petitioner club including playng of game of rummy with 13 cards and syndicates in the petitioner club as illegal, arbitrary, unconstitutional and consequently direct the respondents not to interfere with the lawful activities of the petitioner's club including playing game of rummy with 13 cards and syndicte in the petitioner's club, and pass such other or further orders as this Hon'ble Court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R: This writ petition is ﬁled seeking declaration that the alleged action of the respondents in interfering with the lawful activities of the petitioner club including playing the game of rummy with 13 cards and syndicates in the petitioner club as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Home, appearing for the respondents and perused the counter aﬃdavit ﬁled by the Inspector of Police, Hanuman Junction Police Station, Krishna District, in which, the alleged interference with the functioning of the petitioner club without following due process of law is denied. When the matter is taken up for consideration, it is brought to my notice by both the parties that in identical circumstances, a Division Bench of this Court disposed of W.A.No.1167 of 2007 on 29.07.2002 holding as under: “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/syndicates (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.” In view of the ratio laid down by the Division Bench, I deem it appropriate to dispose of the writ petition in terms of the above directions 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. __________ G.ROHINI J., Dt.05.09.2008 tjs Note: Issue copy in one week. B/o tjs ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CCs to the Superintendent of Police, Krishna District at Machilipatnam. 2 The Inspector of Police, Hanuman Junction PS., Krishna District. 3 The Sub-Inspector of Police, Agiripally P.S., at Agiripalli, Krishna District. 4 G.P.For Home, High Court of A.P., Hyderabad 5. 2 CD copies