Disposed

Government Class-Iv Employees, (Regd. No. 180/97) v. The Government of Andhra Pradesh

Telangana HC7 Dec 2004WP/22422/2004

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the respondents' interference with a club's members playing 13-card Rummy. The High Court held that the respondents cannot prevent playing this game of skill, distinguishing between it and games of chance which remain prohibited.

What did the court decide?

Directing respondents not to interfere with playing of 13-card Rummy with stakes or in syndicate; prohibiting posting of officials for inspection; no order as to costs.

Government Class-Iv Employees, (Regd. No… — Pension and Retirement Benefits | Telangana HC (2004)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR

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PRESENT

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THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

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WRIT PETITION NO : 22422 of 2004

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Between:

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Government Class-IV Employees, (Regd. NO. 180/97) Recreation Club, rep by its President,

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K. Pakkersa, S/o. Hussainsha, aged about 53 years, R/o. H.NO. 28-184C, Nandyal, Kurnool District.

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..... PETITIONER

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AND

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1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secreatariat Building, Hyderabad.

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2 The Deputy Superintendent of Police, Nandyal, Kurnool District.

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3 The Station House Officer, Nandyal II Town, Police Station, Nandyal, Kurnool 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 herein the High Court will be pleased to issue Writ, Order or direction, more specially a Writ of Mandamus or any other appropriate Writ directing the Respondents not to interfere with the legal activities of the petitioner Club by declaring the action of the Respondents in directing the members of the petitioner Club not to play game of Rummy as arbitrary and illegal and to pass such other order or orders.

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Counsel for the Petitioner:MS.I.MAAMU VANI

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Counsel for the Respondents: GP FOR HOME

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The Court at the stage of admission made the following ORDER Petitioner is a club. Its grievance is that the respondents are interfering with its activities and preventing its members from playing rummy with stakes or in syndicate.

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Learned counsel for the petitioner submits that in State of A.P. v. K. Satyanarayana, the Supreme Court held that rummy with 13 cards is not a game of choice and it is a game of skill. He contends that Sections 3 and 4 of the A.P. Gaming Act, 1974 do not apply to such game and it falls within the meaning of game of mere skill under Section 15 of that Act.

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Learned Government Pleader for Home, on the other hand, submits that under the guise of playing the game of rummy, the members of the petitioner are resorting to three cards play, which is purely the one of choice.

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As part of its activities, the petitioner is maintaining a card room. It is stated that the members of the petitioner club are playing only the 13 card rummy, sometimes with stakes and sometimes in syndicate. In view of the Judgment of the Supreme Court referred to above, the respondents cannot interfere with the playing of rummy by the members of the petitioner. However, if it is noticed that the members of the petitioner are playing any game of choice, including the one with three cards, steps can certainly be taken in accordance with law to prohibit and penalize such activities.

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Hence, the writ petition is disposed of directing that the respondents shall not interfere with the lawful activities of the members of the petitioner, namely, playing of rummy with 13 cards with stakes or in syndicate and in case, they are found to be playing any other game of skill, it shall be open to the

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respondents to take such action as is open to them in law. It is also made clear that under the guise of causing inspection, the officials or advocatecommissioners shall not be posted and the activities of the club cannot be crippled. No order as to costs.

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07.12.2004

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Note:

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Issue CC in three days. (BO) ksld

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