APHC010472152024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 24320/2024 Between: 1. THE RECREATION CLUB, REGISTRATION NO.64/1980,DATED 26TH MARCH 1980 REP. BY ITS SECRETARY YARLAGADDA ARJUN RAO, S/O.YARLAGADDA SUBBA RAO, AGE ABOUT 78 YEARS, R/O.KANKIPADU, D.NO.17-175, NEAR PETROL BUNK KANKIPADU, KRISHNA DIST, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, AP POLICE HEAD QUARTERS, VIJAYAWADA, NTR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 4. THE DEPUTY SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER/ INSPECTOR OF POLICE, KANKIPADU PS, KANKIPADU, KRISHNA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering with lawful activities of the petitioner club including playing of rummy game of 13 cards which is not a game of chance and also insisting to close down the playing card rooms to play the game of rummy (13 cards), as being arbitrary, illegal, unjust, discriminatory, violative of Article 14, 19(1)(g) of the Constitution of India, and also contrary to the judgements of the Hon'ble Supreme Court of India and consequently direct the respondents not to interfere with the lawful activities of the petitioner 2 club including playing of rummy game of 13 cards which is not a game of chance and including not to insist to close down the card room to play the rummy/13 card game and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos.4 & 5 not to interfere with lawful activities of the petitioner including conducting of game of rummy-13 cards with stake in the club premises, including not to insisting to close down the card to play the game of rummy/syndicate (13 Card game), in the rooms interest of justice, pending disposal of the writ petition and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the Counter affidavit copies on record by allowing the leave petition in the writ petition in the interest of justice and to pass Counsel for the Petitioner: 1. V SANTHISREE Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering with lawful activities of the petitioner club including playing of rummy game of 13 cards which is not a game of chance and also insisting to close down the playing card rooms to play the game of rummy (13 cards), as being arbitrary, illegal, unjust, discriminatory, violative of Article 14,19(1)(g) of the Constitution of India, and also contrary to the judgements of the Hon'ble Supreme Court of India and consequently direct the respondents not to interfere with the lawful activities of the petitioner club including playing of rummy game of 13 cards which is not a game of chance and including not to insist to close down the card room to play the rummy/13 card game and pass ...” 2. Brief facts of the case are that the Petitioner is a Club established under the Companies Act, 1956 in the year 1980 vide Registration No.64/1980 represented by its Secretary President and managed by its Managing Committee and other honorary office bearers. The Club is situated at Kankipadu and it is providing various day to day recreation activities to its members including cards room for its members and guests by organising game of skills like 13 card game (rummy). Further, there is a separate table to play rummy, who are interested in that game and that is purely a game of skill. 3. The grievance of the Petitioner Club is that in the 3rd Week of October, 2024, Police Officials came to the club and obstructed its lawful activities and orally informed the members of the Petitioner Club that the club will have to be closed permanently if it permits playing cards. Having no other option, the 4 Managing Committee decided to close the club. Questioning the action of the respondent authorities, this Writ Petition is filed. 4. Heard Smt. V. Santhisree, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for respondent-State. Perused the material on record. 5. At the time of hearing, learned counsel for the Petitioner would submit that the subject matter of this Writ Petition is squarely covered by the decisions of the Hon‟ble Supreme Court in Twin Cities Cinema Cultural Centre (Formerly Twin Cities Club), Jubili Hills, Hyderabad V. Commissioner of Police A.P.Hyderabad and others1 and The State of Andhra Pradesh V. K.Satyanarayana and others2 and would submit that necessary orders may be passed in the light of aforementioned decisions. 6. Learned Assistant Government Pleader for Home appearing for respondent State would submit that the as per the AP Gaming (Amendment) Act, 2020, even playing games of skill with stakes is prohibited. The said amendment came into force on 25.09.2020, subsequent to the judgements relied by the petitioner. Learned Assistant Government Pleader would finally submit that the court may pass appropriate orders. 7. It is beneficial to refer to the relevant portion of the decision relied by the petitioner in Twin Cities Cinema Cultural Centre (supra) and it reads thus: 1. 2002(5) ALT 805 (D.B.) 2. AIR 1968 SUPREME COURT 825 5 “3. Therefore, the Police authorities cannot obstruct the writ petitioner-club from conducting card room where the members and guests of the writ petitioner‟s cultural centre are allowed to play the game of rummy with stakes/syndicate (thirteen card game). At the same time, we make it clear that the police are always at liberty to enter the premises and check as to whether the cultural centre of the club is conducting card room where the members and guests of Petitioner‟s cultural centre are playing the game of rummy with stakes/syndicate (thirteen card game) for the purpose of verification. If they receive any intimation, the police may enter the club and verify the same and proceed further if the members and guests of the writ petitioner‟s cultural centre play other than the game of rummy with stakes/syndicate (thirteen card game). The police authorities are also at liberty to proceed with the cases, which are already registered. The writ appeal is disposed of accordingly.” 8. It is apposite to refer to the relevant provisions from AP Gaming (Amendment) Act, 2020 (Act 43 of 2020): 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 (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 6 (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; 3[(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 - 3 Substituted by the Act No. 43 of 2020 7 (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; Explanation: - For the purpose of this clause 4[(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.”.] 9. 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 „game of skill‟ and playing a game of skill with stakes is a punishable offence under the Act. 4 Substituted by the Act No. 43 of 2020 8 Accordingly, this Writ Petition is disposed of permitting the petitioner-club to conduct card rooms for playing 13 card game (rummy) without stakes. However, the police are at liberty to monitor the activities of the petitioner-club from time to time and take necessary action, if found any violations by the members and guests of the writ petitioner‟s club. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 9 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 24320 of 2024 07.11.2025 Mjl /*