HARISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petitions Nos. 15975 of 1998 and 1345 of 1999 as common questions of law and fact are involved therein. The facts have, however, been extracted from CWP No. 15975 of 1998.

(2.) Petitioners Harish and five others, who are engaged in the sale of Haryana Government State Lotteries, at Rohtak, take strong exception to the orders of the Deputy Commissioner and Superintendent of Police, Rohtak directing them not to sell the lottery tickets within 500 metres of the Municipal limits of Rohtak town. They assert that this restriction placed upon their business of selling lottery tickets is wholly unreasonable and that their right guaranteed under Article 19(1)(g) of the Constitution of India, to do any trade and business has been infringed.

(3.) Brief facts, giving rise to the present writ reveal that the petitioners are doing the business of sale of lottery tickets of Haryana State Lottery at Rohtak for the last so many years and they are earning their livelihood by sale of such tickets. The petitioners are petty sellers of the lottery tickets. They purchase the same from the wholesale agents. They were doing this business for all this while but recently, all of a sudden, the Deputy Commissioner and Superintendent of Police, Rohtak have directed them not to sell the lottery tickets within 500 metres of the outer limits of Municipal Committee, Rohtak.