RAJIV PURI Vs. STATE OF H.P.

JUDGEMENT

(1.) These two writ petitions have been dealt with together since the same involve identical questions for adjudication and also for the reason that the learned counsel appearing on either side submitted common arguments.

(2.) CWP No. 410/98 has been filed seeking to quash the order passed by the respondent - State dated 28.10.1997 filed as Annexure P -2 and for consequential direction to the respondent to allow the petitioner to continue to do his business as if the order dated 28.10.1997 has never been passed. The order dated 28.10.1997 passed by the Directorate of State Lotteries of the Government of Himachal Pradesh addressed to all the Deputy Commissioner/Superintendents of Police in the State reads as follows: "It has been reported that lottery tickets of the State of Nagaland, Manipur, Mizoram, Arunachal Pradesh and Royal Government of Bhutan are being sold in Himachal Pradesh. There is no permission for selling such lotteries currently being sold by these States. You are, therefore, requested to please take action against the stockiest / retailers who are stocking/selling the lottery tickets in, the name of these States in Himachal Pradesh. Copy of the Lotteries (Regulation) Ordinance, 1997 promulgated by - Government of India on 1st October, 1997 is enclosed for your information.

(3.) The petitioner claims to be a citizen of India and engaged in the business of sale and purchase of lottery tickets in the State of Himachal Pradesh, as an agent and claims to have been purchasing and selling such lottery tickets of the State of Nagaland. Reference is made to the promulgation of the Lotteries (Regulation) Ordinance, 1997 by the President on 1.10.1997, the Lotteries (Regulation) second Ordinance, 1997 on 30th December, 1997 as also the Lotteries (Regulation) Ordinance, 1998 on 23rd April, 1998 and the communication of the Ordinance of the year 1997 as well as the proceeding dated 28.10.1997, challenged in the present writ petition and complaining that such proceeding has been issued without any authority of law and also against the action of the respective Deputy Commissioners and the Superintendents of Police restraining the petitioner from selling the tickets in question. A reference is also made to the communication dated 7.11.1997 to the respondent herein of the Directorate of State" Lotteries of the Government of Nagaland with camp office at New Delhi that the High court of Assam, Nagaland, Meghalays, Manipur, Tripura, Mizoram and Arunachal Pradesh at Guwahati as on 13.10.1997 granted stay and, therefore, the Directorate of Nagaland is entitled to market their lottery tickets in the State of Himachal Pradesh with a request to ensure the smooth marketing and sale of the lottery tickets of Nagaland in the State of Himachal Pradesh without any interference and hindrances. Further reference is also made to a representation by the Lottery tickets sellers of Himachal Pradesh to the respondent stating that by a letter dated 28.8.1995, permission was granted to sell the lotteries of the State of Manipur, Goa, Maghalaya, Haryana, Kerala, Nagaland, Sikkim and Royal Government of Bhutan in the State of Himachal Pradesh and inspite of the same restraints and impediments are put on them for selling the above stated lottery tickets making also a request therein for communicating the orders, if any, prohibiting in the State of Himachal Pradesh the sale of such lottery tickets. The action under challenge is stated to be in violation of Articles 19(l)(g) and 21 of Constitution of India for the reason that the petitioner being a citizen has claimed to be entitled to deal with in the business of the lottery tickets without any unlawful restraints. It is also stated by the petitioners that the State of Himachal Pradesh itself is running its own lottery almost on the same and ""similar pattern and being a business contender in order to promote their own business, the proceeding filed as Annexure P -2 has been issued and since till date, there is no prohibitory order issued by the respondent -State regarding the sale of tickets of Nagaland State Lottery not only it is not permissible for the respondent to impose any restrictions or restraints by the order under challenge but it would also amount to contempt of the stay orders granted by the Guwahati High Court The action under challenge is said to be also illegal, arbitrary and opposed to principle of natural justice in addition to being unfair and unjust. Initially, notice has been ordered with a direction to file a reply within a week and since no reply was filed within the stipulated time in CMP No. 802/98 by order dated 19.7.1998 stay of the operation of Annexure P -2 till the final disposal of the writ petition came to be granted by a Division Bench of this Court, subsequently on 20.7.1998 the respondent -State has filed a reply -statement enclosing Annexure R -l to R -6 to the same.