Judgment · High Court

This Writ Petition is filed by a Recreation Club run by the APNGO’s questioning the action of the respondents in locking their club, seizing 36 cell phones and Rs.72,000/- from their members without any complaint of having violated the law. According to the petitioner, they were not carrying on any illegal activity; their playing the game of “Rummy” (a 13 cards game) with money in the club premises does not violate the provisions of the Andhra Pradesh Gaming Act, 1974 (the Act); and the respondents were not justified in interfering with their activity of playing a 13 cards game in their premises. A counter affidavit is filed on behalf of the third respondent, wherein it is stated that a raid was conducted on the petitioner’s club; 72 members and non-members were found to be playing cards other than a 13 card game with money; pursuant to the search, 36 cell phones, a sum of Rs.72,370/- and 208 cards were seized by the police; the said 72 members and non-members were arrested; petty case Nos.115 to 186 of 2011 were registered under Section 9(1) of the Act against them; they were released on bail; a charge sheet is also said to have been filed on 02.09.2011; and the cases are said to be still pending. The third respondent would deny having closed the petitioner’s club or to have interfered with their lawful activity of playing 13 cards game “Rummy”. Learned Counsel, appearing on either side, would agree that the subject matter of this writ petition is covered by an order

of this Court in W.P.No.24533 of 2011 and batch dated 09.09.2011 wherein this Court, while directing the respondents not to interfere with any card game of Rummy (a 13 cards game), whatever be the stakes, being played in the clubs, observed that the respondents were not precluded from entering into these clubs, from taking action in terms of Section 5 of the Act and, thereafter, to initiate penal proceedings under Sections 3 and 4 for violation of the provisions of the Act. This Court also made it clear that the petitioners’ clubs should cause no hindrance to the respondents in exercising their statutory powers under Section 5 or any other provisions of the Act. This Writ Petition is also disposed of in accordance with, and in terms of, the order passed in W.P.No.24533 of 2011 and batch dated 09.09.2011. However, in the circumstances, without costs. Date:10.10.2011 RAMESH RANGANATHAN,J