HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36298 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Amit Saxena, learned counsel for the petitioner as well as learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to the Deputy Commissioner of Police, Commissionerate, Agra to look into and consider the application of the petitioner so as to let him freely organize and run the games of Poker and Rummy at his place. 3. It is contended that these are offline games and which may involve betting and/ or gambling as such. It is further submitted that the authority needed to address the issue as the petitioner apprehends that in the name of gambling they may not permit petitioner to organize the games as such at its desired place. It is contended that in the above regard petitioner has already approached the authority vide representation dated 23.06.2025 but no decision has been taken thereupon till date. 4. Mr. Saxena has also placed reliance upon Division Bench judgment of this Court passed in the matter of M/s. Dm Gaming Private Limited v. State of U.P. & 6 Others being Writ - C No. 3880 of 2024 in which vide para nos. 4, 5 &6 the Court has observed thus: "4. In light of the fact that gambling is prohibited, the permission was denied without going into the aspect that card games i.e. Poker and Rummy are absolutely a game of Versus Counsel for Petitioner(s) : Amit Saxena Counsel for Respondent(s) : C.S.C. Ahmedabad Poker Association, A Body Corporate Constituted Under The Companies Act .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) skill and not gambling. 5. Upon considering the various aspects, we are of the view that the officer concerned should look into the aspect after examining the judgements of Hon'ble Supreme Court and various High Courts on the said issue. Denial of the permission only on the basis of the clairvoyance of the officer concerned cannot be a ground that can be sustained. Hard facts are required to be brought on record by the officer to deny the permission for carrying out the recreational gaming activities. 6. Needless to mention that the permission being granted by itself would not prevent the authorities concerned to check on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities." 5. Learned Standing Counsel could not dispute the aforesaid order passed by the Division Bench of this Court. 6. We have perused the pleadings raised in this petition, the representation made by the petitioner to the Director General of Police, copy of which was forwarded to Deputy Commissioner of Police, Agra Commissionerate, Agra. 7. Having perused the pleadings raised in this petition, the representation made by the petitioner and the observations made by Division Bench in its order dated 29.08.2024 as reproduced herein above, we find it equally appropriate at this stage, to direct petitioner to make a fresh representation before the respondent no. 4 within a period of four weeks along with the certified copy of this order, and if he does so, the respondent no. 4 shall dispose of the same in the light of observations made by the Division Bench of this Court in the case of M/s. Dm Gaming (supra) within a further period of six weeks. Needless to add the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. 8. With the aforesaid observations and directions, this petition stands disposed of. October 17, 2025 IrfanUddin WRIC No. 36298 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad