DILU SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL these Writ Applications under Articles 226 and 227 of the constitution of India have been filed challenging the notification dated 14. 10. 1999 issued by the State Government in exercise of its power under Section 5 of the Lotteries (Regulation) Act, 1998 (hereinafter referred to as "the Act" ). Since the question of law involved in all these writ Applications is one and the same, they are disposed of by this common judgment.

(2.) THE State Government has issued a notification dated 14. 10. 1999 prohibiting sale of tickets of all lotteries organised, conducted or promoted by other States within the State of Orissa. This notification has been issued in exercise of the power under Section 5 of the Act which is under challenge. The copy of the said notification has been annexed as Annexure-2 to W. P. (C) No. 2893 of 2004. Prayer has also been made to declare Section 5 of the Act as inter vires. The State government has filed its counter supporting the notification.

(3.) MR. Bijan Ray, Learned Senior Advocate appearing for the petitioners in all these cases, argues that in view of the provisions contained in Section 10 of the Act, the State Government has no power to issue any such notification in absence of any direction from the Central Government. According to Mr. Ray, unless the Central government authorises the State Government in exercise of its power under Section 10 of the Act, the State Government on its own cannot issue any notification prohibiting sale of tickets of lotteries organised, conducted or promoted by other States. The submission with regard to vires of Section 5 of the Act is however not pursued in view of the judgment of the Supreme Court in B. P. Enterprises v. State of U. P. , air 1999 SC 1867.