Andhra Pradesh High Court - Amravati
Mango Bay Cultural And Recreation ... vs The State Of Andhra Pradesh on 15 September, 2025
APHC010226632024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY,THE FIFTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION No. 11394/2024
Between:
1. MANGO BAY CULTURAL AND RECREATION SOCIETY, REGD.
NO.3 OF 2011, SITUATED AT R.S. NO. 21/LC AND D.NO. 1-22,
POTHAVARAPPADU VILLAGE, AGIRIPALLI MANDAL, KRISHNA
DISTRICT, REP. BY ITS PRESIDENT, SRI KILARU APPA RAO,
S/O.LATE VENKATESWARA RAO, AGED ABOUT 65 YEARS, OCC
AGRICULTURE, R/O.NO.28, SEETHAPURAM COLONY, PORANKI
VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT,
VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA
PRADESH.
2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT (OLD
KRISHNA DISTRICT) AT ELURU.
3. THE DEPUTY SUPERINTENDENT OF POLICE, ELURU DISTRICT,
AT NUZVID (OLD KRISHNA DISTRICT).
4. THE STATION HOUSE OFFICER/CIRCLE INSPECTOR OFFICER,
NUZVID, ELURU DISTRICT (OLD KRISHNA DISTRICT).
5. THE SUBINSPECTOR OF POLICE, AGIRIPALLI P.S., AGIRIPALLI,
ELURU DISTRICT (OLD KRISHNA DISTRICT).
...RESPONDENT(S):
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 Order or, Direction, Mandamus, declaring that the
action of the in the accompanying affidavit, it is hereby issue an
appropriate Writ, more particularly one in the nature of Writ of
respondents in interfering with the lawful activities of the Petitioner-Club,
situated at R.S.No.21/lC and D.No.1-22, Pothavarappadu Mandal, Krishna
District, including obstruction to bearing Regd. No.3 of 2011, Village,
Agiripalli play game of running with stakes/syndicate by the Members of
the Petitioner-Club, through such game is one of skill game and is
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permissible and harassing the members of the Petitioner-club, as illegal,
improper, arbitrary, unjust. Judgments of this Hon'ble Court contrary to the
as well as the Hon'ble Supreme Court of consequently direct the
respondents 2 to 5, not to interfere with the Petitioner-Society/Club,
including not to insist to India, and unconstitutional and close down the
cards room to play the game of rummy / syndicate (13 card game), in the
interest of justice and pass
Counsel for the Petitioner:
1. K V RAJENDRA PRASAD
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following:
ORDER:
The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief:
"....to issue Order or, Direction, Mandamus, declaring that the action of the in the accompanying affidavit, it is hereby issue an appropriate Writ, more particularly one in the nature of Writ of respondents in interfering with the lawful activities of the Petitioner-Club, situated at R.S.No.21/lC and D.No.1-22, Pothavarappadu Mandal, Krishna District, including obstruction to bearing Regd. No.3 of 2011, Village, Agiripalli play game of running with stakes/syndicate by the Members of the Petitioner-Club, through such game is one of sill game and is permissible and harassing the members of the Petitioner-club, as illegal, improper, arbitrary, unjust. Judgments of this Honble Court contrary to the as well as the Hon'ble Supreme Court of consequently direct the respondents 2 to 5, not to interfere with the Petitioner-Society/Club, including not to insist to India, and unconstitutional and close down the cards room to play the game of rummy / syndicate (13 card game), in the interest of justice and pass ..."
Brief facts of the case are that the petitioner is a Club registered under XXXV of Andhra Pradesh Societies Registration Act, 2001 on 10.01.2011 represented by the President and other members as the Governing Body. The Petitioner/Society is situated in an extent of Ac.6.00, with sufficient vacant space and all the amenities are provided in the Petitioner/Club including sufficient 3 parking space. Further, there is a separate table to play rummy, who are interested in that game and that is purely a game of skill. The Petitioner/Club is under the surveillance of CCTV cameras and everything will be recorded in the cameras including playing 13 card game/rummy.
The Petitioner/Club filed a Writ Petition vide WP No.415 of 2011 and this Court disposed of the said Writ Petition vide Order dated 21.01.2011 directing the respondents therein not to interfere with the lawful activities of the Petitioner's recreation club, including playing card game of rummy by its members with an observation that if any objectionable games are undertaken in the petitioner's recreation club, the order will not preclude the respondent from entering into the premises and taking steps in accordance with law.
While so, vide Judgment dated 30.09.2013 in CC No.38 of 2012, Learned Special Judicial Magistrate of Second Class, Nuzvid directed the State to return the illegally seized cash of Rs.4,29,000/- to the Members of the Petitioner/club/Society and accordingly, the seized cash was returned.
When the respondent officials are pressurising Petitioner/Club to stop playing of 13 card game/rummy with stakes, Petitioner-Society filed a writ petition vide WP No.18807 of 2019 and this Court vide Order dated 09.12.2019, directed the petitioner/club to install CCTV cameras covering the activities of the club and extend connectivity of the cameras to the Agiripalli PS and Office of Superintendent, Krishna District and also directed the police to appoint a competent officer to monitor the activities of petitioner-club through video 4 cameras, while permitting the police officials to exercise their power under Sections 5 and 6 of A.P Gaming Act, whenever there is a reasonable belief. But in view of bifurcation of Districts in the State, the Petitioner-Society is now under the jurisdiction of Eluru District and earlier, it is under the jurisdiction of Krishna District. Due to the said reason, respondents 2 to 5 are objecting the activities of the Petitioner on the ground that the order passed by this Court on 09.12.2019 in WP No.18807 of 2018 does not apply to Eluru District. Hence, this Writ Petition.
Heard learned counsel for the Petitioner and learned Government Pleader for Home appearing for respondent State. Perused the material on record.
Sri V.Farooq, learned Assistant Government Pleader for Home, placed on record, written instructions dated 28.06.2024, and would submit that the petitioner has not complied with the order of Co-ordinate bench of this Court in WP.No. 18807 of 2019 and filed present Writ Petition. Learned Assistant Government Pleader would further submit that the President of the Petitioner- Society has addressed a letter to the Superintendent of Police, Eluru District at Eluru, which was received in the office on 22.07.2022, wherein Petitioner informed that he could not comply with the order of this Co-ordinate Bench in WP.No. 18807 of 2019 because of the COVID-19 Pandemic, the petitioner/club could not conduct its activities in full scale. Now the CCTV Cameras are installed and the club is ready to give connectivity for the purpose of monitoring of the club activities including playing of 13 Card Rummy at its own cost and till date. 5
A fair look at the material on record would show that in compliance of the order of this Court in WP No.18807 of 2018, the Superintendent of Police, Krishna District, has to nominate a Competent Officer to oversee the activities of the installation of CCTV cameras in the premises of Petitioner/club by giving connections to the Agiripalli Police Station, and also to the Office of the Superintendent of Police, Krishna District. It appears that this exercise was not done by respondent Police. Now the Police are stating that Petitioner has not complied with the Order passed by this Court till date. In letter addressed by the Petitioner to the Superintendent of Police, Eluru District, the President of the Petitioner-Society clearly stated that they have installed CCTV cameras in the Society and requested the Superintendent of Police to depute a competent Police Officer. The petitioner also expressed his ready and willingness to give CCTV Camera connections to Agiripalli Police Station and also to the Office of the Superintendent of Police, Eluru District for monitoring club activities, in compliance of the orders passed by this Court.
In that view, it is apposite to direct respondent Police to comply with the order passed by a Coordinate Bench of this Court in WP No.18807 of 2019 by deputing a competent Police Officer to monitor the installation of the CCTV Camera in the Petitioner-Society by giving connections to Agiripalli Police Station and also the Office of the Superintendent of Police, Eluru District, as expeditiously as possible preferably within a period of 8 weeks from the date of receipt of copy of this order.
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With the above direction, this Writ Petition is disposed of. No order as to costs.
Pending applications, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 7 HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 11394 of 2024 15.09.2025 Mjl /*