IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.30723 of 2014 BETWEEN Rural Educational Social Cultural Organization.
AND ... PETITIONER The Principal Secretary, Home Department, Government of Andhra Pradesh, Hyderabad and others.
...RESPONDENTS Counsel for the petitioner: MR. G.L. NARASIMHA RAO Counsel for the Respondents: GP FOR HOME (AP) The Court made the following:
ORDER:
Petitioner, a cultural organization, which runs a club, filed this writ petitioner complaining interference by the police with the lawful activities of the petitioner and obstructing its members.
2. Petitioner states that it provides its members with facilities viz. skill games like chess, carom, gym, shuttle badminton, playing cards with 13- card rummy with syndicate, library, snooker, shuttle court etc. Petitioner states that it has not involved in any unlawful activities. However, the staff of the respondents 4 and 5 is stated to have visited the petitioner’s club and directed them to close down the club.
Hence, petitioner approached this Court by the present writ petition.
3. Counter affidavit is filed on behalf of the fourth respondent specifically denying the allegations of the petitioner and it is stated in para 8 of the counter that the respondent police have never harassed, threatened or interfered with the lawful activities of the petitioner club. It is also stated that there is no interference with the skill games and it is averred that till today the petitioner club has not started any activity. Hence, the question of interference by the police does not arise. It is also stated that there are no criminal cases registered against the petitioner club on the file of the Thiruchanooru Police Station, Thirupathi Urban.
4. Learned counsel for the petitioner filed a reply affidavit along with photographs to substantiate that the petitioner club is very much functioning and some photographs are filed showing the police personnel on the premises of the petitioner club.
The issue of similar nature was already considered by this Court in various writ petitions. Suffice it to refer to the order of this Court in WP.No.24533 of 2011 and batch dated 09.09.2011 as well as a decision of the Division Bench of this Court in TWIN CITIES CINEMA CULTURAL CENTRE v. COMMISISONER OF POLICE[1] and the latest order of this Court in WP.No.4613 of 2014 dated 26.02.2014.
In view of the above, this writ petition is disposed of with similar directions as under:
“In the light of the provisions of the Act, and the law laid down in the judgments aforementioned, I consider it appropriate to direct the respondents not to interfere with any card game of Rummy (a 13 Cards game), whatever be the stakes, being played in these clubs. It is made clear that this order shall not preclude the respondents from entering the clubs concerned and from taking action in terms of Section 5 of the Act and, thereafter, to initiate penal proceedings under Sections 3 and 4 for violations of the provisions of the Act. The petitioner club shall cause no hindrance to the respondents in exercising their statutory powers under Section 5 or any other provisions of the Act.”
As a sequel, miscellaneous applications, if any, shall stand closed.
There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 10, 2014 Note: Furnish C.C. of the order by 12.12.2014. (B/o) DSK
[1] 2002 (5) ALT 805 (DB)