Electricity Employees Recreation And Cultural Association, v. The State Of Telangana Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.326 of 2016 ORDER:

The prayer of the petitioner-Association is as under: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of respondents 2 and 3 in interfering with activities of the association including playing of rummy (13 card) game as arbitrary and illegal and consequently direct the respondents 2 and 3 not to interfere with the playing of rummy (13 card) game by the members in the petitioner association premises and pass such other order or orders as this Hon'ble Court may deem fit and proper."

2. The issue raised is no longer res integra as this Court had an occasion to render judgment on this very issue as recently as on 29.10.2015 in a batch of cases. The said order passed in W.P.Nos.30597 of 2014 and 22428 & 121 of 2015 is placed on record.

3. For reasons alike as were stated in the aforesaid order and in terms thereof, this writ petition is disposed of with the following directions:

1.

The respondent police authorities shall not interfere with the card game of rummy (13 card game) whatever be the stakes;

2.

The petitioner shall install video cameras and record the entire recreational activities in the Association and preserve the said data at least for a period of fortnight so that the police can check the footage. The said C.C. cameras shall be connected with the jurisdictional police station and the Office of the Superintendent of Police for observation by the police to find out as to whether members of the Association are indulging in the activity of gambling. If any of the gaming places is not covered by C.C. cameras, it is for the police to take action.

3. The police are entitled to enter into the premises of the petitioner's Association for taking action as per law in

the event of there being any violation of the provisions of law by the petitioner and the petitioner shall not cause any hindrance to the police in exercising their statutory powers; and 4.

This order would not come in the way of the respondents from taking action as per law.

5.

Any deviation of the above guidelines by the petitioner's Association will be construed as violation of these orders.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________________ JUSTICE SANJAY KUMAR January 25, 2016 LMV