HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.15804 of 2008 DATE: 18.06.2014 Between:
The Puttur Recreation & Cultural Association, Rep. by its President … Petitioner And The Govt. of Andhra Pradesh, rep. by its Superintendent of Police, Chittoor & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.15804 of 2008 ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.
2. The petitioner is a registered association, registered under the Societies Registration Act and it has been conducting various cultural programmes, sports and games etc. The affairs of the petitioner-association are managed by an elected body and they have been conducting its lawful activities for the last more than two decades. While so, in the month of July, 2003, the then Circle Inspector of Police, Puttur Circle, Puttur, started interfering with the day-to-day affairs of the petitioner-association, more particularly, with regard to the Rummy game (13 cards game). In those circumstances, the petitioners filed WP No.16292 of 2003 seeking a direction to the respondents not to interfere with the lawful activities of the petitioner- association, as the same was not prohibited under the A.P. Gaming Act. The said issue was already decided by a Division Bench of this Court in WA No.1167 of 2002 dated 29.07.2002. This Court while disposing of WP No.16292 of 2003 on 05.08.2003, observed as follows:
“It has been represented by the learned counsel for the petitioner and also by the learned Government Pleader 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 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 Division Bench. No costs.”
3. Now the petitioner-association submits that even after the said judgment, the respondents are interfering with the lawful activities of the petitioner and obstructing conducting of games. Challenging the continuous interference, the present writ petition was filed.
4. The 4th respondent, who was the Sub-Inspector of Police, filed a counter-affidavit denying all the averments made by the petitioner.
5. In the circumstances, this Court is not in a position to decide the truth or otherwise of the averments made in the affidavit. Suffice to say that the respondents shall follow the judgment of the Division Bench of this Court in WA No.1167 of 2002 dated 29.07.2002, followed by a learned single Judge of this Court in WP No.16292 of 2003 dated 05.08.2003 in respect of the petitioner’s association.
6. The writ petition is accordingly disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 18.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 9 WRIT PETITION No.15804 of 2008 Date: 18.06.2014 BSS