HABBANSLAL PREMNATH Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of india, the petitioner wants that the order passed by Shri V. R. Kapoor, collector and District Magistrate, Shivpuri, dated 29-9-1979, be quashed, because it violates the fundamental rights given to the petitioner for doing his business and also because it suffers from lack of legal authority in Shri v. K. Kapoor to pass such an order.

(2.) THE facts giving rise to this petition are that the petitioner organises a game of skill known as 'five Dart Game' (a game of throwing darts ). The game is played in the following manner, as mentioned in A. P. Mathur's commentaries on Gambling Acts in India-revised and edited by Shri k. K. Malik-Second Edition-1973 :

(3.) ON 28-6-1979, the petitioner applied for permission to put up a stall and organise this game of skill. It is alleged that this game was organised on a private land, which the petitioner took on rent and for running this game on the land, the landlord had no objection. The District magistrate, Shivpuri, asked for a report from the Superintendent of Police before granting permission to the petitioner for organising the said game. The permission was granted to one Ram Krishna Gupta who also was organising this type of game. On 15-9-1979, the Collector, Shivpuri gave permission to the petitioner for organising the said game. The copy of the order has been made Annexure P/3. But, by an order, which is under dispute, No. Q/95/79/9 GA/20/ Reader, dated 29-9-1979, the Collector imposed a ban on organising and conducting of the said game in Shivpuri. This is the order which the petitioner wants that it should be quashed. The grounds he has taken for quashing the order are that it is a game of mere skill and it is not prohibited under any law. The petitioner has a fundamental right to carry on his occupation or business of organising any game of skill at different places in India and by an order by an executive officer like District Magistrate, no complete ban can be imposed on the petitioner that he cannot carry or organise the business which he is doing at Shivpuri. He has further said that he is organising this game for last ten years at different places. The order is violative of Article 14 of the Constitution of india, because permission was given for organising such a game to one ram Krishna Gupta. The third ground he has taken is that before passing order of cancelling the permission which was granted to the petitioner, the petitioner should have been heard. On this ground, it is submitted by the petitioner that a writ be issued in his favour as asked for for quashing the said order.