IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19871 of 2004 Between: The Vijayawada social Club and Literary society, Nehru Road, Vijayawada, Reptd. by its General Secretary, Dr.Koneru Prasad Rao. ..... PETITIONER AND 1. The Director General of police, Andhra Pradesh at Hyderabad. 2. The Commissioner of police, Vijayawada Urban, Vijayawada. 3. The Assistant Commissioner of police, Town-I, Vijayawada. 4. The Circle Inspector of police, Anti -Goonda Squad, Vijayawada. 5. The Circle Inspector of police, West Circle, Town - I police Station, Vijayawada. 6. The Station House officer, Town - I police Station, Vijayawada. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in interfering with the lawful activities of the petitioner/society herein as illegal, arbitrary and violative of Article 19 of the Constitution of India and consequently direct the respondents herein not to interfere with the lawful activities of the petitioner/society. Counsel for the Petitioner :MR.S.V.BHATT Counsel for the Respondent Nos.1 to 6 : 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 obstructing the playing of rummy with stakes/syndicate by the members of the petitioner club as arbitrary and illegal 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. 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-Association if they promote any illegal activity at the premises of the petitioner-Association. 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. __________ 29.10.2004 sh To 1. The Director General of police, Andhra Pradesh at Hyderabad. 2. The Commissioner of police, Vijayawada Urban, Vijayawada. 3. The Assistant Commissioner of police, Town-I, Vijayawada. 4. The Circle Inspector of police, Anti -Goonda Squad, Vijayawada. 5. The Circle Inspector of police, West Circle, Town - I police Station, Vijaywada. 6. The Station House officer, Town - I police Station, Vijaywada. 7. 2CCs to the G.P. for Home, High Court Buildings, Hyderabad (OUT). 8. 2CD copies.