Pushpanjali Country Resort, Teegalatjattapally, v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33556 of 2015 ORDER:

The prayer of the petitioner -resort is as under: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue any appropriate Writ, Order or direction, more in the nature of Writ of Mandamus declaring the action of the respondents 4 to 6 in interfering with the lawful activities of the petitioner resort including playing game of "Rummy" (13 cards) by the members in the petitioner resort premises without any valid reasons and without any authority under law as arbitrary, illegal, violative of Article 14 and 19 of the Constitution of India apart from contrary to law laid down by this Hon'ble Court and Hon'ble Apex Court and also contrary to provisions of AP Gaming Act 1974 and the Rules made thereunder and pass such further or other orders as the Hon'ble Court may deem fit and proper in the circumstances of the case."

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. 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 resort 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 resort 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 resort 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 resort 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. ___________________________ SANJAY KUMAR, J Date:02.11.2015 GJ