Chinnappa Reddy, J. - (1.) The several petitioners in these writ petitions are agents for the sale of tickets for the lotteries conducted by the Governments of various States other than Maharashtra. They question the ban sought to be imposed by the Government of Maharashtra on the sale within the State of Maharashtra of tickets of lotteries conducted by the Government of other States. They, generally, seek a writ in the nature of a Mandamus directing the State of Maharashtra to forbear from interfering with the sale or distribution of lotteries tickets in respect of the lotteries organised by the Government of States other than Maharashtra.
(2.) There is no express notification or order of the Government of Maharashtra imposing a ban on the sale of lottery tickets of other States in the State of Maharashtra. The ban is sought to be spelt out from a press release of the Director of Publicity, Sachivalaya, Bombay dated September 24, 1969 and a communication dated August 24, 1981 addressed by the Government of Maharastra, Finance Department, to some of the petitioners individually. The Press release is as follows: "SALE OF LOTTERY TICKETS OF OTHER STATES UNLAWFUL Warning to Public On September 16, the Minister for Finance in a Press Conference, followed by a press note, made it clear to agents who are selling lottery tickets that the sale of lottery tickets of other States in this State is unlawful. The Government of India, in giving permission for conducting State lotteries had made a condition that the lottery tickets should not be sold in another State, without the express consent of that State. No such permision has been given in Maharashtra for the sale of outside State lottery tickets. Despite the warning given by the Minister, unauthorised sales of lottery tickets of outside States continues, and the Government is therefore taking steps to stop these obviously unlawful practices by seizing all stocks of tickets of other States' lotteries. The public are warned that no tickets other than the Maharashtra State lottery tickets can be sold within the Maharashtra State".
(3.) The communications addressed to the petitioners are in the following terms: Sir, I am directed to refer to your letter No. DA/PL/81/622, dated 22-6-1981 on the abovementioned subject and to state that there is ban on the sale of other State lottery tickets in State of Maharashtra. It is, therefore, regretted that your request to permit you to sell your State lottery tickets in this State cannot be accepted. Yours faithfully, Sd/- State Lottery Officer, Finance Department. The basic submission on behalf of the petitioners is that there is no legal authority for the imposition of the ban. It is argued that under the Constitution 'Lotteries organised by the Government of India or the Government of a State' is a subject which is within the exclusive legislative competence of Parliament and that it is not open to the Government of any State purporting to act in exercise of its executive power to impose such a ban as that sought to be imposed by the Government of Maharashtra. On the other hand, it is sought to be argued on behalf of the Government of Maharashtra that the Union Government's executive power is co-extensive with the power of Parliament to make laws that the President in exercise of his power under Article 258 (i) has entrusted to the Government of Maharashtra the executive power of the Union in respect of lotteries run by the State and therefore, it was competent for the Government of Maharashtra to impose the ban.;