Vizag Filmnagar Cultural Centre Vs the State of Ap

Vizag Filmnagar Cultural Centre, Sy.No.395 and 413, Kapuluppada, Bheemanipatnam, Visakhapatnam, Andhra Pradesh State, Rep.by its President Mr. K.S. Rama Rao, S/o. late Hari Purushotham, aged 64 years, R/o.No.425,K. Nagara Palem, Doctor Rama Naidu Studio Kapulauppava, Thimmapuram, Visakhapatnam, A.P.

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...Petitioner

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AND

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The State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District

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The Commissioner of Police, Visakhapatnam City, Visakhapatnam, A.P.

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The Station House Officer, Bheemili Police Station Visakhapatnam, Visakhapatnam District

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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 an appropriate order or direction more particularly in the nature of writ of mandamus, to declare the action of the 3rd respondent in interfering with the lawful activities of the petitioner is illegal, arbitrary, abuse

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of power and in violation of Articles 14,19 and 21 of the Constitution of India and in violation of Principles of Natural Justice and consequently direct the respondents to act in accordance with law and forbear from interfering^with the activities of the petitioner in particularly the facility of card room where the guests are allowed to play the game of rummy.

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lA NO: 1 OF 2niQ

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.3 not to interfere with the card room of the petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. PILLIX LAW FIRM Counsel for the Respondents: GP FOR HOME

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The Court made the following order:

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APHC010030872019

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'>

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3396]

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(Special Original Jurisdiction)

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WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO; 1443/2019

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Between:

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1.VIZAG FILMNAGAR CULTURAL CENTRE, REP.BY ITS PRESIDENT MR. K.S. RAMA RAO, DOCTOR RAMA NAIDU STUDIO, KAPULAUPPAVA, THIMMAPURAM, VISAKHAPATNAM, A.P.

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...PETITIONER

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AND

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1.THE STATE OF AP, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

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2.THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM, A.P.

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3.THE STATION HOSUE OFFICER, BHEEMILI POLICE STATION VISAKHAPATNAM, VISAKHAPATNAM DISTRICT

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...RESPONDENT{S):

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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 toprayed that this Hon'ble Court may be pleased to issue an appropriate order or direction more particularly in the nature of writ of mandamus, to declare the action of the 3rd respondent in interfering with the lawful activities of the petitioner is illegal, arbitrary, abuse of power and in violation of Articles 14,19 and 21 of the Constitution of India andⁱⁿ violation of Principles of Natural Justice and consequently direct the respondents to act in accordance with law and forbear from interfering^{withtheactivitiesofthe}

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2

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V

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petitioner in particularly the facility of card room where the guests are allowed to play the game of rummy and pass such other order^ororders

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iA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent No.3 not to interfere with the card room of the petitioner, pending disposal of the above writ petition.

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Counsel for the Petitioner:

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1.PILLIX LAW FIRM

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Counsel for the Respondent(S):

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1.GP FOR HOME(AP)

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3

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The Court made the following: ORDER;

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This Writ Petition is filed under Article 226 of Constitution of India with

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the following prayer:

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“ to issue an appropriate order or direction more particularly in the nature of writ of mandamus, to declare the action^ofthe3rd respondent in interfering with the lawful activities of the petitioner is illegal, arbitrary, abuse of power and in violation^{ofArticles14,19} and 21 of the Constitution of India and in violation of Principles of Natural Justice and consequently direct the respondents^to act in accordance with law and forbear from interfering with^{theactivities} of the petitioner in particularly the facility of card^roomwherethe guests are allowed to play the game of rummy and pass^suchother order or orders ”

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Heard Sri P.Kasi Nageswara Rao, learned counsel for the petitioner and

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Md.Farook, learned Assistant Government Pleader for^Home.

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r 3. It is submitted by the learned Counsel for the Petitioner^andaccededto by the learned Assistant Government Pleader that the subject matter of this Writ Petition is squarely covered by the similar order passed by this Court in W.P.No.24533 of 2011 and batch dated 09.09.2011.

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For ready reference the operative portion of this order passed in W.P.No.24533 of 2011 and batch dated 09.09.2011 is extracted hereunder;

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“In the light of the provisions of the Act, and the^{lawlaiddownin} the judgments aforementioned, I consider it appropriate^todirect the respondents not to interfere with any card game of Rummy (a 13 Cards game), whatever be the stakes, being played^inthese clubs. It is made clear that this order shall not preclude the respondents from entering the clubs concerned and from taking action in terms of Section 5 of the Act and, thereafter,^toinitiate penal proceedings under Sections 3 and 4 for violations^ofthe provisions of the Act. The petitioner clubs shall cause no

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4

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hindrance to the respondents in exercising their statutory powers under Section 5 or any other provisions of the Act. With the above observations, aii the writ petitions^stand disposed of. However, in the circumstances, without any order as to costs. ”

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Hence, following the said Order passed by this Court in W.P.No.24533 of 2011 and batch dated 09.09.2011 and taking into consideration of the facts and circumstances of the case, this Writ Petition is disposed of. There shall be no order as to cots.

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A copy of the order in W.P.No.24533 of 2011 and batch,^dated 09.09.2011, shall be annexed to the copy of this Writ^Petition.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand

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closed.

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Sd/- K. TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The State of Andhra Pradesh, Home Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District

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The Commissioner of Police, Visakhapatnam City, Visakhapatnam, A.P.

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The Station House Cfficer, Bheemili Police Station, Visakhapatnam, Visakhapatnam District

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Cne CC to SRI. PILLIX LAW FIRM, Advocate [CPUC]

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Two CCs to GP FDR HCME, High Court of Andhra Pradesh [CUT]

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Two CD Copies

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(A along with the copy of the order dated 09-09-2011 in WP.No.24533 of 2011)

nm

HIGH COURT

DATED:23/07/2025

ORDER

WP NO. 1443 OF 2019

a ^ ^ AUG 2025 j Go
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DISPOSING OF THE WP WITHOUT COSTS

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1
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THE HON’BLE SRI JUSTICE RAMESH RANGANAIHAN

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WRIT PETITION Nos.24533. 25043. 25053, 25395 and 25404 OF 2011

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Date:09.09.2ni1

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Between:

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M/s.G.V.R. Family Club (a unit of Pasupula Resorts Private Limited, 2-54, Plot Nos. 13, 13A, 13B, Sri Malani Colony, New Bowenpally, Secunderabad, represented by its Managing Director M.Laxman Babu, S/o.Akka Rao, Aged about 30 years, R/o.New Bowenpally, Secunderabad

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.. Petitioner

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And

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The State of Andhra Pradesh, represented By its Principal Secretary, Home Department Secretariat, Hyderabad and others .. Respondents

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THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN

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WRIT PETITION Nos.24533. 25043. 25053. 25395 and 25404 OF 2011

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COMMON ORDER:

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The relief sought for, in this batch of writ petitions, is to declare the action of the respondents in closing down the petitioners’ clubs, on the ground that it is a social evil and their activities are casting a slur on the image of the police^andthe Government, as arbitrary, illegal and unconstitutional. A consequential direction is sought to the respondents to permit the petitioners to organize and conduct the game of "Rummy' (a 13 cards game) with stake and syndicate with money in the club premises of its members and guests.

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It would suffice, for the disposal of this batch of writ petitions, if the facts in W.P.No.24533 of 2011 are noted. The petitioner, a company incorporated under the Companies Act, 1956, claims to be providing recreational facilities^toits members such as Library, Reading Room, Gymnasium, Swimming Pool, Tennis and other games. It is their case that, on 24.08.2011,^the respondents raided the club premises, and had instructed the petitioner to close down the card room; and, two days thereafter, a

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press note was issued that a major crack down in the gambling centres in the entire State was contemplated as they^were not recreation centres.

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Sri Vedula Venkata Ramana, Learned Counsel for the petitioner, would submit that the scope of the provisions of the Andhra Pradesh Gaming Act, 1974 (the Act), or provisions of similar enactments, were considered in State of A.P. v. K. SatyanarayanatU; Dr. K.R. Lakshmanan v. State of Tamilnadui^: Executive club v. State of A.pl^l; d. Krishna Kumar v. State of A.P.Hl^ and a game of “Rummy’ was^heldto be a game of skill unlike the three card games which may be a game of chance; and, whatever be the stakes, no action can be taken against clubs which facilitate its members and guests in playing “Rummy' (a 13 card game).

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A counter affidavit is filed by respondent No.6. Learned Advocate General, appearing on behalf of the respondents,^would submit that, while playing “ Rummy in these clubs may per se not be illegal, several clubs are facilitating games of chance, such as such three cards games, also to be played thereat; in the guise of providing facilities for playing “ Rummy several illegal^activities are being carried on in several of these clubs; in order to curb such illegal activities, the respondents had sought to enter the premises of such clubs to ascertain whether any game of chance, other than "Rummy, was being played thereat; and whether any illegal activities were being carried on therein. Section 2(1)(i)(f) of the A.P. Gaming Act, 1974, (A.P.^Act27 of 1974), defines a “common gaming house” to mean any house.

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room, or enclosure etc., in which gaming on any transaction or scheme of wagering or betting, in which the receipt^{ordistribution} of winnings or prizes in money or otherwise, is made to depend on chance takes place. Explanation (a) to Section 2(i)(ii) defines “gaming' to mean playing a game for winning of prizes in money or otherwise, and includes playing a game of mutka^orsattaand lucky board and wagering or betting. Explanation (i) thereto provides that wagering or betting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution of winnings or prizes in money or otherwise in receipt of any wager or bet. Section 2(4) defines “instruments of gaming'^toinclude cards, dice etc. Under Section 3(1), any person who opens, keeps or uses or permits to be used any “common gaming house” shall be punished. Explanation thereto defines person” to include the owner or the occupier of the place used^asa “ common gaming house”. Under Section 4 whoever is found gaming,^or is present for the purpose of gaming in a common gaming house, shall, on conviction, be punishable with imprisonment^orfineor both.

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Section 5(1) of the Andhra Pradesh Gaming Act, 1974^reads as under:

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Power to grant warrant to enter a common gaming house etc:-(1) If any salaried judicial or executive Magistrate, or any police officer not below the rank of an Assistant Commissioner of Police within the area under jurisdiction of the Commissioner of Police Hyderabad and a Deputy Superintendent of Police elsewhere has reason to believe that any place is used as a common gaming house, he may by his warrant give authority to any police officer not below the rank of Sub Inspector,-

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(i) to enter with such assistance as may be found necessary, at any time and by force, if necessary any such place;

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to arrest all persons found therein;

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(iii) to search all such persons and all parts of such place; and

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(iv) to seize-

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(a) all moneys found with such person;

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(b) alt investments of gaming; and

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(c) all moneys, all securities for money and article of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found in such place.

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Under Section 6 where any instruments of gaming are^found in any place, entered or searched under the provisions^ofSection 5, on or about the person found therein, it shall be presumed that such place is used as a common gaming house, and that^the persons found therein were present there for the purpose of gaming although no gaming was actually seen by the police officer or any of his assistants. Section 15 stipulates that nothing in the Act shall apply to games of skill only wherever played.

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While a Sub Inspector, on a warrant issued to him under Section 5 of the Act, can enter a club if he has reason to believe that it is being used as a common gaming house", arrest persons who are found playing games of chance thereat, search all such persons, seize money found with such persons, investments of gaming etc and initiate penal proceeding under

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Section 3 and 4 of the Act, the provisions of the Act^do not empower the authorities either to close down a "gaming^house”or prevent games of skill from being played therein. The game of “Rummy’ is not a game entirely of chance^like a 'three-card' games such as 'flush', 'brag' etc. which is a game of pure chance. “Rummy’, on the other hand, requires certain amount of skill. The game of “Rummy’ is mainly and preponderantly a game of skill. The chance in Rummy is of the same character as the chance in a deal at a game of bridge. Merely because there is an element of chance, it cannot^besaid that Rummy is a game of chance, and there is no skill^involvedin it. (K. Satyanarayana^).

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Competitions where success depends on a substantial degree of skill are not "gambling"; and, despite there being an element of chance if a game is preponderantly a game^of skill it would nevertheless be a game of "mere skilt'. The expression "mere skilT would mean substantial degree or preponderance^of skill. (Dr. K.R. Lakshmanan^). The game of Rummy may^include an element of chance but would, nevertheless, be a game of 'mere sk/7/'within the meaning of Section 15 of the Act. The applicability of Sections 3 and 4 of the Act, is excluded in so far^as it relates to the game of “Rummy’. As the provisions of the Act are not applicable, the stakes involved in playing such a game^wouldbeof no consequence. (Executive Club^). Even if the petitioner^clubs were making profits by allowing persons to use the premises for playing the game of rummy with 13 cards/syndicate, they cannot be said to be running a “common gaming house” as defined in

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Section 3 of the Act because Section 3, in view of Section 15 of the Act, cfoes not apply to a place where "Rummy’ is being played. (D. Krishna Kumar'^).

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A card room cannot be said to be a "gaming house” as long as the game of thirteen cards (Rummy) is played by^themembers or the guests or both, as the case may be. The cards^usedfor playing the game of thirteen cards (Rummy) cannot be^saidtobe “instruments of gaming’. Neither persons found playing the thirteen cards (Rummy) game in the club premises nor person connected with the affairs of the management of the petitionerclubs can be punished under Sections 4 and 3 of the said Act respectively. (Executive club^). Conducting a card room, where members and guests play the game of rummy (13 card game) with stakes/syndicate, would not attract the provisions of the Act. (D. Krishna Kumar^).

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In the light of the provisions of the Act, and the law laid down in the judgments aforementioned, I consider it appropriate to direct the respondents not to interfere with any card game of Rummy (a 13 Cards game), whatever be the stakes, being played in these clubs. It is made clear that this order shall not preclude the respondents from entering the clubs concerned arrd from taking action in terms of Section 5 of the Act and, thereafter, to initiate penal proceedings under Sections 3 and 4 for violations of the provisions of the Act. The petitioner clubs shall cause no hindrance to the respondents in exercising their statutory powers under Section 5 or any other provisions of the Act.

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With the above observations, all the writ petitions stand disposed of. However, in the circumstances, without any order as

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to costs.

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RAMESH RANGANATHAN, J

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09.09.2011 KH

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OJ AIR 1968 sc 825 ^AIR 1996 SC 1153 I3J 1998 (5) ALD 126 2002 (5) ALT 806

Vizag Filmnagar Cultural Centre v. the State of Ap

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Vizag Filmnagar Cultural Centre v. the State of Ap

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