KAMAL AGENCY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition by prayer (b) of which the petitioners pray for a Writ of Mandamus under Article 226 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 and distribution of and/or leadings 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 first petitioner is a partnership firm, of which the second petitioner is a partner. The first Petitioner has been appointed an Agent by each of the States of Kerala, Punjab, Haryana, Rajasthan, Uttar Pradesh, west Bengal, Tamilnadu, Jammu and Kashmir, Madhya Pradesh and Assam for sale within the territory of the respondent State of tickets of lotteries organised and conducted by each of those States. The first petitioner also sells within the territory of the respondent State tickets of lotteries organised and conducted by the respondent State.