S.K. DAS Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution in which the petitioner has prayed for a writ or direction for quashing the order of; the District Magistrate, United Khasi and Jaintia Hills, Shillong, dated 9 -9 -1953.

(2.) THE petitioner is the Honorary Secretary of the Club known as the 'Evening Club' situate in the town of Shillong. The Club was registered, under the Societies Registration Act, 1860 as early as 9 -8 -1951. The petitioner states that the Club consists of about 500 members and amongst others the object of the Club is to provide facilities for various indoor and outdoor games including the game of 'Housie'. This appears to be a popular game, which, according to the statement in the petition and also as admitted by the opposite party, is played in various other Clubs in Shillong also. The petitioner asserts that this Game does not constitute any gambling within the meaning of the Public Gambling Act. The Deputy Commissioner of Shillong by his order, dated 12 -9 -1952 laid down certain conditions under which the game of 'Housie' was to be played by the members of the club.

(3.) WE accordingly quash the order and make the Rule absolute. In the circumstances, we do not propose to make any order for costs of this application.