STATE OF ARUNACHAL PRADESH Vs. UNION OF INDIA

JUDGEMENT

(1.) These 2 (two) cases involve common questions of facts and laws and, as such, the same were taken up together for hearing on 4.6.2001, 6.6,2001, 7.6.2001 and 8.6.2001 and, accordingly, these 2(two) writ petitions are finally disposed of on its own merit with the following common judgment and order.

(2.) In Writ petition (C) No. 6016 of 2000, the State of Arunachal Pradesh and 2 others sought for issuing a Writ in the nature of Mandamus and/or Certiorari and/or any other appropriate Writ, Order or Direction of like nature thus, setting aside and quashing the impugned letters dated 4.9.1998, 22.9.98 and 8.11.1998 as In Annexures, H1, H2 and H3 respectively to the writ petition issued by the authorities under the Ministry of Home Affairs, Union of India and also for setting aside and quashing the Rule 9 of the Rules framed by the responden1;No.2, the State of Maharashtra under Section 12 of the Lotteries (Regulation) Act, 1998 which has been published in the gazette Notification dated 18.10.2000 as in Annexure-E to the writ petition being ultra vires with the Schemes of the Lotteries (Regulation) Act, 1998 coupled with a prayer for a direction to the respondent Nos. 2 and 3 not to interfere with the sale of lottery tickets of lotteries organised by the petitioners within the State of Maharashtra subject to their compliance with the provisions of Section 4 of the Lotteries (Regulation) Act, 1998 by contending inter alia, that the petitioner-State through the sale of lottery tickets through a network of distributors, whole-sellers, semi-whole-sellers and retailers earns substantial revenue which form a considerable part of the entire revenue of the State and is helpful as a lifeline for development of the petitioner-State and. the respondent No. 2 is the State of Maharashtra in which the petitioner-State sells its various lotteries through its agent viz., distributors, wholesalers, semi-wholesalers and retailers but. by virtue of the existence of the impugned letters dated 4.9.1998, 22.9.1998 and 8.11.1998 as in Annexures H1, H2 and H3 issued by the authorities under the Ministry of Home Affairs, Union of India and also because of promulgation and existence of Rule 9 of the Maharashtra Stats Lotteries (Regulation) Rules, 2000 hereinafter referred to as Rules of 2000 framed by the respondent No. 2. State of Maharashtra under Section 12 of the Lotteries (Regulation) Act, 1998, the writ petitioners and its distributors, wholesalers, semi-wholesalers and retailers have been restrained rather prevented from selling of lottery tickets of lotteries organised by the writ petitioners within, the State of Maharashtra without any justification. It is also the case of the writ petitioners that the impugned action on the part of the respondents concerned is against the justice, equity and good conscience and there are apparent error on the face of the record and, apart from that, the impugned action of the respondents is materially irregular.

(3.) Likewise, in WP(C)No..6052 of 2000, the writ petitioners namely, the State of Nagaland and M/s. M.S. Associates sought for the same relief in their writ petition as prayed by the writ petitioners in WP (C) 6016/ 2000. In this writ petition being WP (C) No. 6052/2000, the writ petitioners; questioned the validity of the impugned letters dated 4.9.1998, 22.9.1998 and 8.11.1998 as in Annexures 12 series to the writ petition and also the impugned Rule 9 of the rules of 2000 framed by the State of Maharashtra under Section 12 of the Lotteries (Regulation) Act, which has been published in the Gazette Notification notified on 18.10.2000 as in Annexure 9 to the writ petition being ultra vires the Scheme of Lotteries (Regulation) Act, 1998, hereinafter referred to as Act of 1998 by contending the same and similar facts and statements made by the writ petitioners in WP(C) No. 6016 of 2000.