RAJENDRA KUMAR SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE State of Rajasthan runs lotteries wherein tickets of fixed denomination are sold and after draw of lots, prizes are given to the purchaser of the winning tickets. For the purpose of conducting these lotteries, the Slate Government has framed the Rajasthan Lotteries Scheme 1968 (here in after referred to as 'the State Lotteries Scheme), which has been notified by the State Government vide notification dated 10th December, 1968. The State Lotteries Scheme makes provision for sale of tickets and clause 10 of the said Scheme provides for draw. Sub -clause (iii) of clause 10, as originally framed provided that the Committee appointed for the purposes of making the draw will satisfy itself about the arrangements of the draw and shall select and approve the staff that may be posted for its operation. The said provision also laid down that a list of unsold tickets will be given to the Committee and also distributed to the members of the public present at the time of draw and that the tickets sold under clause 6 will be eligible for prizes and if the number drawn out is for the unsold ticket the process will be repeated till the number of a sold ticket was drawn. In other words, the said clause made provision for draw from amongst sold tickets only. By notification dated 10th December, 1984 the State Government notified the scheme of 86th Super Hit Holi Bumper draw of the Rajasthan State Lotteries (here in after referred to as the Holi Bumper Draw'), for public information. The said notification was also ublished in the Rajasthan Gazette. According to the said notification various prizes totalling Rs. 2.54. crorer were to be awarded in the said draw. The date of draw was originally fixed as 5th March 1985 In para 18 of the said notification the method of drawing prizes was laid down and it was provided that for 1st, 2nd, 3rd and 4th prizes 6 numbers would be drawn (one in each series) individually out of sold tickets. The date of draw, as notified under the notification dated 10th December, 1984, was subsequently altered from 5th March, 1985 to 25th March, 1985. By notification dated 1.9th March, 1985 Sub -clause (iii) of clause 10 of the State Lotteries Scheme, was substituted and under; the said sub -clause as substituted it has been provided that the Committee would satisfy itself about the arrangements of the draw and shall select and approve the persons from the staff that may be posted far its operation. In the said sub -clause it has also been provided that a list of tickets remaining unsold with the camp incharge shall be given to the Director a day before the date of draw of lottery by them and that all the tickets whether sold or unsold shall be eligible for prizes and that if the numbers drawn out, are of tickets remaining unsold, the prizes on such numbers shall be retained by the State Government and no camp incharge or person shall have any right, interest or claim over such prizes. As a result of the aforeseid amendment in clause 10 of the State Lotteries Scheme, unsold tickets have also been made eligible for the prizes and if any prize is drawn on any unsold ticket, the same is to be retained by the State Government. By the aforesaid notification dated 19th March, 1985 clause 18 of the Scheme of the Holi Bumber Draw which was notified by notification dated 10th December, 1984 was also suitably amended so as to provide that draw will also be made out of the unsold tickets.

(2.) THE petitioner claims to have purchased 34 tickets each of Rs. 10/ -denomination for the Holi Bumper Draw on various dates between 1st March, 1985 and 15th March, 1985. Feeling aggrieved by the amendment that has been introduced by notification dated 19th March, 1985 in the State Lotteries Scheme as well as in the scheme of the Holi Bumper Draw, the petitioner has filed this writ petition.

(3.) THE writ petition has been contested by the respondents and a reply has been filed on their behalf. In the said reply it has been stated that the State Government runs the State Lottery as an activity to increase funds which may be utilised for the various welfare schemes in the interest of the people and that the Scheme is generally so framed that after deducting all the expenditure, including the money given away in various prizes, the Government is able to save money for its welfare schemes. With regard to the Holi Bumper Draw, it has been stated in the said reply that when the Scheme was announced, in all 48 lacs tickets were printed and were to be sold but due to certain difficulties arising out of the announcement of Assembly Elections in a number of States where Rajasthan Lottries tickets have a good market, a large number of Bumper Draws being allowed unexpectedly by the various State Governments and Union territories and imposition of 20% sales tax on sale of Lottery tickes in West Bengal and Tamil Nadu which are very good markets in Rajasthan Lotteries, the sale of tickets of the Holi Bumper Draw adversely affected and out of 48 lacs tickets that were printed about 16 lacs only were sold and about 32 lacs tickets remained unsold and that if the draw had been made out of sold tickets only, the State Government would have suffered a loss of more than a crore of rupees and that in these circumstances the State Government decided that the draw would be made out of all the tickets sold or unsold in order to save the State from huge loss of public revenue and with that end in view, sub -clause (iii) of para 10 of the State Lotteries Scheme and para 18 of the Scheme of the Holi Bumper Draw were amended by notification dated 19th March, 1985 so as to provide that the draw would be made out of sold as well as unsold tickets. In the said reply it has been also stated that a very large number of State Governments and Union Territories and all the private organisations of the Lotteries award prizes on all printed tickets and not on sold tickets only. In the said reply it has been further stated that the aforesaid amendments are applicable to all draws to be held after 19th March, 1985 and the said amendments would be applicable to draw for the Holi Bumper Draw fixed for 25th March, 1985. In the reply it has also been stated that no assurance was given by the respondents to the petitioner at any time that the draw would be made out of sold tickets only and in this connection it has been pointed out that the various advertisements that were published with regard to sale of tickets, it was stated that the draw would be made out of all 48,00 000 tickets. The respondents have also placed reliance on the conditions that were printed on the hack of the ticket and specially on condition No. 2 which prescribes that 'the ticket has been issued under the provisions contained in the Rajasthan State Lotteries Scheme, 1968 as amended from time to time'. In their reply the respondents have also pleaded that the petitioner has no legally enforceable right and that the transaction which is foundation for the present writ petition, is in the nature of a wagering contract which is not enforceable under law.