NRIPESH DUTTA MAZUMDAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition filed under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing memorandum No. 7501/1 Prize-86 dated 13.10.1986 (Annexure-12 to the writ petition), and for a writ, order or direction in the nature of mandamus commanding the respondents to give first prize of U. P. Raffle Lottery in 227th draw held on 20th July, 1986.

(2.) The relevant facts of the case giving rise to the present petition as borne out from the material on record, in brief, are that it was in the year 1986 that the petitioner purchased a U. P. Lottery ticket being Ticket No. RB-149245 of 227th draw. The said tottery was being conducted by the Government of Uttar Pradesh. As mentioned in the aforesaid ticket, the first prize winner was entitled to Rs. 1,00,000 in cash or an Ambassador car and a scooter. On the reverse side of the said ticket. It was noted that the prize winners should send the tickets by insured post if they do not present the same personally or could send through a reputed bank to the Director of the State Lotteries at Lucknow. Xerox copy of the said ticket has been filed as Annexure-1 to the writ petition. The result of 227th draw, held on 20.7.1986, was published in the newspapers. The ticket purchased by the petitioner was declared the first prize winner, the petitioner was, thus, entitled to receive first prize. The aforesaid lottery, since prohibited, used to be governed by the U. P. State Lottery Rules. 1969. Rule 28 of the said rules itself provided that outstation prize winners may send the prize winning tickets and the stamped receipt by registered post to the Director of the State Lotteries indicating whether they would like to receive the prize in cash which could be sent to them by bank draft, postal order or money order, the charges of which were to be borne by the prize winners. It was also noted that no claim for the loss of the tickets etc., in transit, would be entertained. Claim of the prize money could be made within 30 days from the date of publication of the result falling which claim for the prize shall lapse and prize automatically forfeited to the Government. Said rule further provided that on an application made in this behalf within 90 days from the date of publication of the result. State of Uttar Pradesh could authorise payment of prize money if it was satisfied that the prize winner was, for sufficient reasons, prevented from claiming the money within 30 days. On seeing the result of the lottery, the petitioner, firstly approached reputed banks for sending the ticket to the Director of the State Lotteries at Lucknow but the banks refused to accept the ticket, as the petitioner was not interested in money transaction : but in Ambassador car and scooter. The petitioner opted for the second alternative prize and sent the original ticket with photocopy of the ticket duly attested by a Judicial Officer, passport size photograph and an affidavit regarding ownership of the ticket with duly filled in application for the prize, under insured post from Calcutta General Post Office along with a covering letter dated 5.8.1986 to the Director of State Lotteries. Lucknow. The said ticket was sent by insured post valuing at Rs. 1,00,000 which was accepted by Calcutta General Post Office and receipt No. X-289 was issued to the petitioner. Since the first prize either in cash or kind or reply of the aforesaid letter was not received, the petitioner sent reminder to the Director of State Lotteries, Lucknow on 1.9.1986 requesting him to deliver the Ambassador car and Scooter at Calcutta. Thereafter, two more reminders were sent by the petitioner and it was only on 5.10.1986 that the petitioner received letter dated 22.9.1986 from the Deputy Director. State Lotteries, U. P.. whereby the petitioner was informed that his ticket was not received in the office of the Director of State Lotteries. U. P., consequently, it was not possible to concede to the request of the petitioner to give him first prize. The petitioner, therefore, wrote a letter to the Presidency Post Master General Post Office. Calcutta, enquiring about the delivery of the insured letter No. X-289. The petitioner was informed by him that necessary action was being taken and enquiries were being made in the matter, vide letter dated 29.9.1986. As the delay in delivery of the ticket to the Director of State Lotteries was caused for the reasons beyond control of the petitioner, the petitioner asked his representatives to apply for extension of time. It was thereafter, revealed that on 10.8.1986 a dacoity was committed in 5 Up Punjab Mall near Jhajha (Bihar) in which the petitioner's ticket was lost. The Deputy Director of State Lotteries, vide his memorandum dated 13.10.1986 informed the petitioner that time limit of 90 days was to expire on 20.2.1986, thereafter extension of time was not possible and that the ticket should be presented before the aforesaid date. Since the first prize of the aforesaid draw was not given to the petitioner, the petitioner, firstly, approached Calcutta High Court for aforementioned reliefs but the Calcutta High Court refused to entertain the petition on the ground of territorial jurisdiction. It was, however, observed by Calcutta High Court that the petitioner was at liberty to move the writ petition before the appropriate Court within the time prescribed by law. The petitioner, therefore, filed the present petition before this Court.

(3.) The writ petition was entertained and on 14.12.1987, following order was passed by a Division Bench of this Court :