H ANRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The several petitioners in these writ petitions are agents for the sale of tickets for the lotteries conducted by the Governments of various States other than Maharashtra. They question the ban sought to be imposed by the Government of Maharashtra on the sale within the State of Maharashtra of tickets of lotteries conducted by the Government of other States. They, generally, seek a writ in the nature of a Mandamus directing the State of Maharashtra to forbear from interfering with the sale or distribution of lotteries tickets in respect of the lotteries organised by the Government of States other than Maharashtra.

(2.) There is no express notification or order of the Government of Maharashtra imposing a ban on the sale of lottery tickets of other States in the State of Maharashtra. The ban is sought to be spelt out from a press release of the Director of Publicity, Sachivalaya, Bombay dated September 24, 1969 and a communication dated August 24, 1981 addressed by the Government of Maharastra, Finance Department, to some of the petitioners individually. The Press release is as follows: "SALE OF LOTTERY TICKETS OF OTHER STATES UNLAWFUL

(3.) The communications addressed to the petitioners are in the following terms: