Writ Petition No. 34222 of 2012 · Andhra Pradesh High Court
Case at a glance
Outcome
Disposed of
Accordingly, the Writ Petition stands disposed of
Provisions considered
Judgment
- Challenge in this Writ Petition is the action of the respondents in interfering with the petitioner’s association in conducting the card room in the premises at Kalamalla village, Yerraguntla Mandal, YSR Kadapa District. The petitioner’s association is registered under the Societies Registration Act vide registration S.No.41/2011. It is conducting recreational and cultural activities. Apart from providing recreation and cultural activities, it is also providing facilities such as Library, Reading Room Gym, Village Committees, Meditation Halls, free medical facilities to poor etc. On 27-10-2012 the police personnel visited the premises of the petitioner’s association and directed to close down the card room. The action of the police personnel in insisting the petitioner’s association to close down the card room is assailed in this Writ Petition.
When the Writ Petition came for admission, learned Counsel appearing for the petitioner submits that the issue is no more res integra in view of the Order of this Court passed in a batch of Writ Petitions being W.P.Nos.24533, 25043, 25053, 25395 and 25404 of 2011, dated 9-9-2011 (M/S. GVR FAMILY CLUB v. THE STATE OF A.P. AND OTHERS). This factual aspect has not been disputed by the learned G.P. for Home appearing for the respondents. Copy of the common order passed in W.P.Nos.24533/2011 and Batch has been placed on record. It is trite to note the relevant portion of the order in the above referred order and it is thus:- “A card room cannot be said to be a “gaming house” as long as the game of thirteen cards (Rummy) is played by the members or the guests or both, as the case may be. The cards used for playing the game of thirteen cards (Rummy) cannot be said to be “instruments of gaming”. Neither persons found playing the thirteen cards (Rummy) game in the club premises nor person connected with the affairs of the management of the petitioner-clubs can be the said Act punished under Sections 4 and 3 of respectively. (Exectuvie Club V. State of A.P. (1998 (5) ALD 126). Conducting a card room, where members and guests play the game of rummy (13 card game) with stakes/syndicate, would not attract the provisions of the Act (D.Krishna Kumar V. State of A.P. (2002 (5) ALT 806).” In that view of the matter, I consider it appropriate to direct the respondents not to interfere with the card game of rummy (a 13 cards game), whatever be the stakes, being played in the petitioner’s association. It is made clear that this order shall not preclude the respondents from entering the petitioner’s association and from taking action in terms of Section 5 of the Andhra Pradesh Gaming Act, 1974 and, thereafter, to initiate penal proceedings under Sections 3 and 4 for violations of the provisions of the Andhra Pradesh Gaming Act,
Operative part
1974. The petitioner’s association shall cause no hindrance to the respondents in exercising their statutory powers under Section 5 or any other provisions of the Andhra Pradesh Gaming Act, 1974. Accordingly, the Writ Petition stands disposed of. As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed. No order as to costs. 2nd November, 2012 ________________________ B.Seshasayana Reddy, J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition stands disposed of
Which statutory provisions did this judgment involve?
Registration Act, 1908; Andhra Pradesh Gaming Act, 1974 — s. 5.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.