STATE OF NAGALAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This Court by order dated 13.10.97 while issuing notice of motion in Civil Rule No. 4986 of 1997 suspended the operation of the impugned Ordinance, viz. Lotteries (Regulation) Ordinance, 1997, as an interim measure, and the matter was ordered to be listed on 2.12.97 for admission.

(2.) During pendency of this Civil Rule similar petitions have been filed by different Slate Governments and M/s. N.V, Marketing Pvt. Limited and others viz. Civil Rules 5002/97, 5003/97, 5831/97 and 996/97 and in the said Civil Rules also similar interim orders have keen passed. Against he interim orders so passed by this Court on 13.10.97 and 23.10.97 State of Uttar Pradesh approached the Hon'ble Supreme Court by filing petitions (Special Leave to Appeal (Civil) CC 8497-8499/97) challenging the orders of this Court. Before the Supreme Court three questions were raised on behalf of the State of Uttar Pradesh i.e. (i) in view of Article 131 of the Constitution these writ petitions should not have been entertained by this Court, (ii) no part of the cause of action has arisen within the jurisdiction of this Court, and (iii) Gujarat High Court has already expressed its view on the matter and dissented from the view expressed by this Court, therefore, the writ petitions involving other State Governments should not have entertained by this Court. The Hon'ble Supreme Court, however, after hearing the parties, without passing any order on the SLPs by order dated 12.11.97 directed the Petitioner (State of UP) to take all the points before this Court on 2.12.97, when the case was to be taken up for hearing. Accordingly, all these writ petitions were taken up on 2.12.97 for admission.

(3.) As these Civil Rules involve common questions of law and facts, I propose to pass a common order/judgment in all these cases.