THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 35659 of 2014 Date of Judgment: 15.12.2014 Between:
M/s. Happy Resorts And …Petitioner The State of Andhra Pradesh and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 35659 of 2014 ORDER:
Heard learned counsel for the parties.
The petitioner is a happy resorts and seeks writ of mandamus against the respondents not to interfere with its lawful activities including game of Rummy with stakes and syndicate. The petitioner relies upon earlier order of this Court dated 10.3.2004 in W.P. No. 4353 of 2004 and also order dated 30.12.2004 in W.P.No. 24454 of 2004 wherein a decision of the Supreme Court reported in State
of A.P. Vs. K. Satyanarayana (AIR 1968 SC 825) was followed which held that rummy with 13 cards is not a game of chance and it is a game of skill and not violative of Sections 3 and 4 of A.P. Gaming Act, 1974; and consequently the police were directed not to interfere with the lawful activities of the members of the club viz., playing of rummy with 13 cards with stakes or in syndicate and in case the members are found to be playing any other game of chance, it shall be open to the police to take such action as is open to them in law. According to the petitioner, after the above orders, the petitioner’s club was closed down for a sufficient period and started again, but the respondents were once again interfering with the lawful activities of the club. Hence the present writ petition.
Learned Government Pleader for Home, on instructions, submits that enquiry by the police revealed that no illegal activities such as rummy were conducted in the petitioner’s club, but the premises was being used for marriage functions and other functions, hence the question of interference and harassment by the police does not arise. It is also stated that the petitioner’s club was earlier involved in Cr.No. 125 of 2012 under Section 3 and 4 of the A.P. Gaming Act and the said case was pending trial vide STC No. 409 of 2012 in the Court of Addl. Junior Civil Judge, Mangalgiri. It is also stated that the police would not interfere with the petitioner’s club so long as it conducts lawful activities.
In these circumstances, the writ petition is disposed of directing the respondents not to interfere with the lawful activities of the members of the petitioner’s club including playing of rummy with 13 cards with or without stakes. If the members of the petitioner’s club are found indulging in unlawful activities which attract the provisions of Sections 3 and 4 of the A.P. Gaming Act or any other law, the respondents are at liberty to take appropriate action against them in accordance with law. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 15.12.2014 KR