IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16691 of 2008 Between: Sri Mamidi China Venkata Sivaiah Memorial Town Hall Regn. No. 44/1982, Ananda Kumar Road, Palakol-534 260 West Godavari District, Rep. by its Secretary Sri Veera Veera Raghavulu @ Babji ..... PETITIONER AND 1 The State of Andhra Pradesh Rep. by its Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, West Godavari District, Eluru 3 The Deputy Superintendent of Police-Cum-Sub Divisional Police Officer, Narsapur, West Godavari District. 4 The Circle Inspector of Police, Palakol Town Police Station, West Godavari District. 5 The Sub Inspector of Police Cum Station House Officer, Palakol Town Police Station, West Godavari 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 order or direction particularly more especially one in the nature of a writ of Mandamus declaring the action of the respondents in orally directing the petitioner Town Hall to Close down the cards room and trying to foist false cases for the alleged oﬀences under Sections 3 & 4 of A.P. Gaming Act against the Members of the petitioner Town Hall and their guests for playing the 13 card game of Rummy with stakes/ Syndicate as arbitrary, discriminatory and violative of Articles 14, 19 and 21 of the Constitution of India and Consequently direct the respondents not to interfere with the card room of the petitioner Town Hall and register any criminal cases under the A.P. Gaming Act against the members of the petitioner Town Hall and their guests for playing the game of Rummy and pass such other or further orders. Counsel for the Petitioner: MR.RADHA KRISHNA POLISETTY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16691 of 2008 O R D E R: In the writ petition the petitioner is seeking a writ of Mandamus declaring the action of the respondents in directing the members of the petitioner- Town Hall not to play game of Rummy as arbitrary and illegal and consequently direct the respondents not to interfere with the legal activities of the petitioner-Town Hall. 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-Town Hall if they promote any illegal activity at the premises of the petitioner-Town Hall. No costs. ______________ G. ROHINI,J Date: 06-09-2008 KLP