SHAM SUNDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved against the impugned orders dated 17.3.1998 (Annexure P-4) and dated 29.9.1998 (Annexure P-7), whereby claim of the petitioner on account of his lottery ticket was declined, he approached this Court by way of present writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing the impugned orders. Petitioner also seeks a writ in the nature of Mandamus, directing the respondents to release the prise money of the lottery ticket along with interest.

(2.) Notice of motion was issued and in compliance thereof, written statement was filed on behalf of the respondents. Thereafter, writ petition was admitted for regular hearing by a Division Bench of this Court, vide order dated 11.12.1998. That is how, this Court is seized of the matter.

(3.) Learned counsel for the petitioner places reliance on the order dated 19.12.2013 passed by a Division Bench of this Court in 2014(2) R.C.R.(Civil) 439 : CWP No. 21044 of 2013 (Gurdial Singh Vs. State of Punjab and others), to contend that present writ petition is squarely covered by Gurdial Singh's case (supra). He submits that it was not difficult for the respondent authorities to verify the genuineness of the lottery ticket furnished by the petitioner. However, instead of doing so, respondent authorities proceeded on a wholly arbitrary approach, while passing the impugned orders (Annexures P-4 and P-7), thereby rejecting the genuine claim of the petitioner, because of which the impugned orders are patently illegal. He prays for setting aside the impugned orders, by allowing the present writ petition, directing the respondent authorities to release the amount in favour of the petitioner along with interest.