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2025 Supreme(Online)(AP) 12238
HIGH COURT OF ANDHRA PRADESH
DHIRAJ SINGH THAKUR, CJ, RAVI CHEEMALAPATI, J
The Kanchikacherla Cultural, Recreational and Social Service Club – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 13751 of 2025
For the Appellants/Petitioners: Sri Ginjupalli Subba Rao
For the Respondents:
The court emphasized its role in reviewing legislative amendments for constitutional conformity.
Headnote:(A) Constitution of India - Articles 14, 19(1)(g), and 21 - Praying for a writ of Mandamus - Amendments to sections of the Andhra Pradesh Gaming Act, 1974 being challenged as ultra vires of the Constitution; the petitioner alleges these amendments are illegal and arbitrary. (Para 1)
(B) Writ Jurisdiction - Scope and judicial review - The authority of the High Court to issue directives; the need for adherence to constitutional provisions. (Para 2)
Facts of the case:
The petitioner challenges amendments made by Act No 43 of 2020 to the Andhra Pradesh Gaming Act, alleging they violate constitutional rights.
Findings of Court:
The court directed the issuance of notice to the respondents to show cause regarding the admission of the petition.
Issues: The main issues include the constitutionality of the amendments and their implications on the rights laid out in the Constitution.
Ratio Decidendi: The High Court's role in reviewing legislative amendments and ensuring conformity with constitutional mandates was reiterated.
Result: Notice to issue to the respondents.
| Table of Content |
|---|
| 1. amendments to the gaming act challenged for constitutional validity. (Para 1) |
| 2. petitioner seeks a writ for the amendments' invalidation. (Para 2) |
HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI wR]T PETITION NO: 13751 OF 2025 Betwee n :
The Kanchikacherla Cultural,Recreational and Social Service CIub7 Reg.No.56/1989, D.No. 13-285, KanchikaCherla Village Mandal, Krishna / NTR District, Rep. by its Secretary7 K. Sridhar, S/o. Narasimha Rao, R/o. D.No.I-129/A, Main Bazaar, Kunikinapadu Village, Kanch'lkaCherla Mandal, NTR District (Erstwh'lle Krishna Distr.ICt).
Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Chief Secretary, Bu'Ilding No.I, 1st Floor, Interim Government Complex, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
4. The Director General of Police, For the State of Andhra Pradesh, Atmakur, Mangalagiri, Guntur District, Andhra Pradesh -522503.
5. The Commissioner of Police, Office of Police Comm-lssionerate, vijayawada City, NTR District.
6. The Deputy Superintendent Of Police, Nandigama, NTR District, Andhra Pradesh.
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7. The statl'on House offI,Cer, Kanchl|kagheria p.s,, Kanch,'kacherla, NTR DI'Strl'ct.
WHEREAS the pe{I'tl'Oner above named through hl's/.h Rere sApdovnodceantet GINJUPALLl SUBBA RAO presented this petJtI'On under ArtJCIe 226 of the constI'tutI|On of lndla prayl|ng that ln the cl'rcumstances stated l'n the affldaVIt ` fIled therew,'th, the HI'gh Court may be pleased to l|ssue a writ, order or dlrectfon more partICularly one ln the nature of wrlt of Mandamus by declarlng the amendments to sections 2(1), 2(2), 2(4), 3(" 3A, 4, 5, 6 and the complete substl'tutIOn of Section 15 of the Andhra pradesh Gamlng Act, 1974, by Act No43 of 2020 as ultra vlres of the constltutlon of lndla, IIIegaI, arbI'trary, l|n v,Iolatjon ofArtl'cles 14,19(I)(g) and 21 of the constltutjon of lndI'a and consequently strI-ke down the same .
AND WHEREAS the HJgh Court upon perus,'ng the pet,'tl'on and affldavl't filled here,'n and upon hearing the arguments of srI' GINJUPALL' SUBBA RAO Advocate for the petl-tIOner, dl|rected ISSue of notlce to the Respondents hereln to show cause as to why thl's WRIT PETITION should not be admJtted YOU vI.Z..
1, The chief secretary, BuI'Idlng No 1, 1st FIoor, InterI-m Government complex, A P. SecretarI'at, Velagapudj, Amaravathl, Guntur Dl'strlct.
2 The prlnCJPaI SecretaryJ Home Department, secretariat BuJldJngs, velagapudl-, AmaravathI-, Gun{ur DI'Strict.
3 The prlncIPal Secretary, Law Department, secre{arlat Bulldlngs, velagapudl', Amaravathj, Guntur Dl'strl'ct.
4 The DIrector General of police, For the state of Andhra pradesh, Atmakur, MangalagJrI, Guntur DIStrJCt, Andhra pradesh - 522503
5 Tv:JeayaCwoa=am=:I:onNe:DO:I_::::ce ,--;±I:=lul::a pr=IaCeeSn:o5m2=sOs:onerate , vl'jayawada cI-[y, NTR Dl'strl'ct.
6. he Deputy superlntenden[ of poIJCe, Nandl'gama, NTR DjstrJ'Ct, Andhra Pradesh.
7. The Station House -O.fficer, KanchikaCherla P.S,, Kanchikacherla, NTR District.
are be and hereby d-lrected to show cause either appearing in Person Or through an Advocate, aS tO Why in the C'lrCumStanCeS Set Out in the Petition and the affidavit filed therewith(copy enclosed ) this WRIT PETITION should not be admitted on or before 17.07.2025 or to Which date the Case Stands posted for hear'lng.
The Court made the following: ORDER £[NoticeI List on 17.07.2025 along with W.P.No.24524 of 2024 and batch."
