Disposed

Literary Club, v. The State of Andhra Pradesh

Andhra Pradesh HC12 Sept 2024WP/20068/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging police interference with club activities involving Rummy games. The Court recorded submissions that police acted for routine checks and will follow due process if illegal activities are found.

What did the court decide?

No interim order granted; disposed at admission observing police shall follow due process of law.

Literary Club, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSANDAND TWENTYFOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 20068 OF 2024

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Between:

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Literary Club, Kovvur, East Godavari District, (Regd. No. 16/1975), Near Railway Station, Door No. 15-3-12/3A, Ward No. 15, Kovvur, East Godavari District-534 350, Andhra Pradesh, Rep. by its President, Sri Gerala Mohan Rao, S/o. Late Rayudu, aged about 78 years,-Occ Business, R/o. Near Junior College, Kovvur, Bast Godavari,District, A.P.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep., by its Principal Secretary, Home

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Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur^District.

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The Superintendent of Police, East Godavari District, at Rajahmundry, Andhra Pradesh.

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The Deputy Superintendent of Police, Kovvur, East Godavari District, Andhra Pradesh.

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The Station House Officer, Kovvur Police Statibn, Kovvur, East Godavari District, Andhra Pradesh

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...RESPONDENTS

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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 a Writ, order or direction, more in the nature of Writ of Mandamus, declaring that the action of the respondents 2 to 4, in interfering with the lawful activities of the Petitioner-Club, including playing of game Rummy by the Members in the Club premises and seized the Petitioner-Club, as illegal, improper, arbitrary, unjust, violative of Articles

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14 and 21 of the Constitution of India, unconstitutional and contrary to the Judgment of the Hon'ble Supreme Court of India, in^thecase of State of A.P., Vs. K. Satyanarayan, reported in AIR 1968 SC page 825 and in 2002 (5) ALT (DB) page 805 and also contrary to the order passed by this Hon'ble Court made in W.P. No. 18807 of 2019, dated 09.12.2019 and consequently direct the respondents 2 to 4 not to interfere with the playing game of Rummy with Stakes / Syndicate by the Members^{ofthePetitioner-} Club, within the Club Premises.

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lA NO: 1 OF 2024

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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 respondents 2 to 4,- not to interfere with the playing game of Rummy with Stakes / Syndicate by the Members^{ofthePetitioner-} Club, within the Club Premises, pending the disposal^{oftheaboveWrit} Petition.

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Counsel for the Petitioner: SRI. K V RAJENDRA PRASAD

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Counsel for the Respondent No’s. 1 to 4: SRI S SARATH KUMAR, AGP

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FOR HOME

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The Court made the following ORDER:

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APHC010392042024

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050 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3368]

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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WRIT PETITION NO: 20068/2024

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Between:

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Literary Club ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

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K V RAJENDRA PRASAD

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following:

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ORDER:

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This Writ Petition under Article 226 of the Constitution of

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India is filed for the following relief:

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" ...to issue a Writ, order or direction, more in the nature of Writ of Mandamus declaring that the action of the respondents 2 to 4, in interfering with the

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lawful activities of the Petitioner-Club, including playing of game Rummy by the Members in the Club premises and seized the Petitioner Club as illegal, improper, arbitrary unjust violative of Articles 14^and 21 of the Constitution of India unconstitutional and contrary to the Judgment of the Hon’ble Supreme Court of India in the case of State of A.P., Vs K. Satyanarayan reported in AIR 1968 SC page 825 and in 2002 (5) ALT (DB) page 805 and also contrary to the order passed by this Hon’ble Court made in W.P. No.18807 of 2019, dated 09.12.2019 and consequently direct the respondents 2 to 4 not to interfere with the playing game of Rummy with Stakes / Syndicate by the Members of the Petitioner Club within the Club Premises, and pass... ”

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Heard Sri K.V. Rajendra Prasad, learned counsel for^the petitioner appeared through virtual mode and Sri S.Sarath Kumar, learned Assistant Government Pleader for Home.

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At the time of hearing, learned Assistant Government Pleader for Home on written instructions would submit that respondent No.4 along with his staff visited petitioner’s^club for routine check, as part of their duty and they never^{threatenedthe} members and guests present in the club and they will not interfere with any legal activities of the club and they will follow

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due process of law, in the event of any activities found performed

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against law.

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Recording the said submissions, the Writ Petition is disposed of at the stage of admission, observing that police shall follow due process of law. There shall be no orders as to costs.

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As a sequel thereto, the miscellaneous petitions, if any

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pending in this Writ Petition shall stand closed.

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Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTfeN OFFICER

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To,

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