APHC010226632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.7 of 2025 IN WRIT PETITION NO: 11394/2024 Between: 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT (OLD KRISHNA DISTRICT) AT ELURU. 3. THE DEPUTY SUPERINTENDENT OF POLICE, ELURU DISTRICT, AT NUZVID (OLD KRISHNA DISTRICT). 4. THE STATION HOUSE OFFICER/CIRCLE INSPECTOR OFFICER, NUZVID, ELURU DISTRICT (OLD KRISHNA DISTRICT). 5. THE SUBINSPECTOR OF POLICE, AGIRIPALLI P.S., AGIRIPALLI, ELURU DISTRICT (OLD KRISHNA DISTRICT). … REVIEW PETITIONERS / RESPONDENTS AND MANGO BAY CULTURAL AND RECREATION SOCIETY, REGD. NO. 3 OF 2011, SITUATED AT R.S. NO. 21/LC AND D.NO. 1-22, POTHAVARAPPADU VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT, REP. BY ITS PRESIDENT, SRI KILARU APPA RAO, S/O. LATE VENKATESWARA RAO, AGED ABOUT 65 YEARS, OCC AGRICULTURE, R/O. NO. 28, SEETHAPURAM COLONY, PORANKI VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT. … RESPONDENT / WRIT PETITIONER Counsel for the Review Petitioner: 1. GP FOR HOME Counsel for the Respondent(S): 1. K V RAJENDRA PRASAD 2 The Court made the following: ORDER: I.A.No.7 of 2025 has been filed by the Review Petitioners / Respondents to review and set aside the Order dated 15.09.2025 passed in W.P.No.11394 of 2024 by virtue of the amended provisions of A.P.Gaming Act, 1974 in the year 2020. 2. Heard Ms.A.Jayanthi, learned Government Pleader for Home / Review Petitioners and Sri K.V.Rajendra Prasad, learned counsel for Respondent / Writ Petitioner. 3. Learned Government Pleader for Home would submit that, as per the A.P.Gaming (Amendment) Act, 2020, even playing games of skill with stakes is prohibited and the said amendment came into force on 25.09.2020, subsequent to the Order dated 09.12.2019 in W.P.No.18807 of 2019, which is relied on by this Court while passing the order in the present writ petition. 4. Per contra, learned counsel for Respondent / Writ Petitioner would submit that this review is not maintainable and if the State is aggrieved by the order passed in the present writ petition, they have to prefer appeal against the said order. 5. At this stage is apposite to extract relevant provision of A.P.Gaming (Amendment) Act, 2020 (Act 43 of 2020), which reads as follows: 2. Definitions - In this Act, unless the context otherwise requires: (1) 'common gaming house', means (i) in the case of gaming (a) on a horse-race except in the manner provided in clause (2); or 3 (b) on the market price of cotton, bullion other commodity or on the digits of the number used for stating such price; or (c) on the ground of variation in the market price of any commodity specified in item (b) or on the digits of the number used for stating the amount of such variation; or (d) on the market price of stock or share or on the digits of the number used for stating such price; or (e) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place; or (f) on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings of prizes, in money or otherwise, is made to depend on chance, any house, room, tent, enclosure, vehicle, vessel, cyber space or any place whatsoever in which the gaming takes place or in which the horses or other instruments of gaming, are kept or used for such gaming; 1[(ii) in the case of any other form of gaming, any house, room, tent, enclosure, vehicle, vessel, cyber space or any place whatsoever in which any instrument of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, vehicle, vessel, cyber space or any place whether by way of charge, for the use of such house, room, tent, enclosure, vehicle, vessel, cyber space or any place or instruments of gaming or otherwise howsoever; Explanation:- For the purpose of clause(ii), any premise or place or cyber space belonging to or occupied by a club, society, company or other associations of persons, whether incorporated or not, which is used or kept for the purpose of gaming shall be deemed to be a common gaming house notwithstanding that there is no profit or gain for the club, society, company or other associations of persons on account thereof. (2) "gaming" means playing a game for winnings or prizes in money or otherwise and includes playing a game of mutka or satta, or playing on line game for winning money or any other stakes and lucky board and wagering or betting, except where such wagering or betting takes place upon a horse-race - (i) on the day on which the horse-race is to be run; (ii) in an enclosure which the stewards controlling the horse-race or race meeting have, with the sanction of the Government set apart for the purpose; and (iii) (a) with a licensed book maker; or (b) by means of a totalisator; but does not include a lottery; 1 Substituted by the Act No. 43 of 2020 4 Explanation: - For the purpose of this clause 2[(i) Wagering or betting shall includes, - (a) collection or soliciting of bets; (b) the receipt or distribution of winning or prizes in money or otherwise in respect of any wager or bet; (c) any act which is intended to aid, induce, solicit or facilitate wagering or betting or such collection, soliciting, receipt or distribution; (d) any act of risking money or playing stakes or otherwise on the result of a game or an event including on a game of skill. (e) any action specified in sub-clauses (a) to (d) carried out directly or indirectly by the players playing any game or by any third parties.”.] 6. In the light of legal position referred supra, the common gaming house is a place where a premise is established for purpose of gaming and wagering or betting now specifically includes any act of risking of money or playing stakes or otherwise on the result of a game or an event including on a 8game of skill9 and playing a game of skill with stakes is a punishable offence under the Act. 7. In the instant case, when the matter was taken up for hearing, the said amendment was not brought to the notice of the Court. As rightly put by the learned Government Pleader for Home, the said amendment dated 25.09.2020, is subsequent to the Order dated 09.12.2019 in W.P.No.18807 of 2019, which is relied on by this Court. In such circumstances, it is just and necessary to dispose of the present review petition in the light of the said amendment. 8. Considering the submissions made, the Review Petition is allowed setting aside the Order dated 15.09.2025 passed in W.P.No.11394 of 2024. 2 Substituted by the Act No. 43 of 2020 5 Respondent / Writ Petition is permitted to conduct card rooms for playing 13 card (rummy) game without stakes. However, the Police are at liberty to monitor the activities of the Petitioner – Club from time to time and take necessary action, in case of any violation of this order. There shall be no order as to costs. Office is directed to issue fresh copy of this order. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:16.12.2025 Dinesh 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.7 of 2025 IN WRIT PETITION NO: 11394/2024 Dt.16.12.2025 Dinesh