KAMAL AGENCY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition by prayer (b) of which the petitioners pray for a Writ of Mandamus under Article 22(5) of the Constitution of India against the State of Maharashtra ordering the respondents to forbear from doing any act or thing so as to prevent, obstruct or interfere in any manner with the free and unrestricted sale arid distribution of and/or dealings in lottery tickets of lotteries organised or conducted by any other State in India by the petitioners.

(2.) THE question raised by this petition is : Whether a State Government has power or authority to prevent sale of or dealings in tickets of State Lotteries organised and conducted by any other State in the Union of India in so far as such sales or dealings take place within the territory of the State of Maharashtra, which is the respondent in this petition.

(3.) THE third petitioner has been appointed by the respondent State as an agent for the sale within the territory of the respondent State of tickets of lotteries organised and conducted by the respondent State. The third petitioner also sells within the territory of the respondent State tickets of lotteries organised and conducted by many other States of the Union of India.