STATE OF MAHARASHTRA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Both these appeals are being disposed of by this common judgment as the question of law involved in both these appeals are identical. The writ appeals are filed against the common order passed by the learned Single Judge on 31.8.2001 in W.P.(C) No. 6016/2001 and order dated 30.8.2000 in W.P.(C) No. 6052/2000. Writ Petition (C) 6016/2000 was filed by the State of Arunachal Pradesh challenging the Rule 9 of the Rules framed by the respondent State of Maharashtra. The writ petitioner also challenged the letters dated 4.9.98, 22.9.98 and 8.11.98 issued by the Ministry of Home Affairs.

(2.) The case of the writ petitioner is that the State of Arunachal Pradesh organises lottery under the Lotteries Regulation Act, 1998 and likewise the Maharasthra Govt. also organises lotteries in the State. The State of Maharashtra in exercise of powers under Section 12 of the Lotteries Regulation Act, 1998 for short, "the Act", framed certain Rules and Rule 9, according to the petitioner places unnecessary restrain and prevents the petitioner from selling their lottery tickets in the State of Maharashtra and is thus violative of the Constitution.

(3.) The writ petitioners in W.P.(C) No. 6052/2000, the State of Nagaland & Ors. has also sought similar relief against the State of Maharashtra on the same grounds.