Allahabad High Court: In writ petition filed against an order passed by the office of the DCP City Commissionerate, Agra, in relation to an application made by the petitioner for granting permission to run a gaming unit wherein games such as Poker and Rummy would be played, the division bench of Shekhar B. Saraf and Manjive Shukla, JJ. directed the authority concerned to revisit the issue and pass a reasoned order after granting an opportunity of hearing to the petitioner within six weeks from date of this order.
The Court noted that as gambling is prohibited, permission was denied without going into the aspect that card games i.e. poker and rummy are absolutely a game of skill and not gambling.
The Court viewed that the officer concerned should investigate the aspect after examining the judgments of Supreme Court and various High Courts on the said issue. Denial of the permission only based on the clairvoyance of the officer concerned cannot be sustained. Hard facts must be brought on record by the officer to deny permission for recreational gaming activities.
The Court clarified that the permission being granted by itself would not prevent the authorities concerned to check on the aspect of gambling that may take place at a particular place and if the same happens, necessary action under law can always be taken by the authorities.
Thus, the Court directed the authority concerned to revisit the issue and pass a reasoned order after granting an opportunity of hearing to the petitioner within six weeks from date of this order.
[Dm Gaming Pvt Ltd v. State of UP, 2024 SCC OnLine All 5009, Order dated 29-08-2024]
Advocates who appeared in this case :
Counsel for Petitioner: Yash Tandon
Counsel for Respondent: Chief Standing Counsel
