M.Katju, J. - (1.) This is a review petition for recall of our judgment dated 10.3.98 passed in Writ Petition No. 5733 of 1998, M/s. Maa Valshnav Lotteries Agency v. State of U. P. and others. By the aforesaid decision we had held that in view of the Lotteries Ordinance. 1997 promulgated by President of India and the order of the Governor dated 29.10.97 issued under Section 5 of the Lotteries Ordinance, all State Lotteries, whether of Nagaland or any other State, are banned and hence they cannot be sold in U. P.
(2.) Along with the review application, the judgment of the learned single Judge of Gauhati High Court dated 16.1.98 has been annexed by which the Lotteries Ordinance, 1997 has been declared unconstitutional.
(3.) With profound respect to the Gauhati High Court, we are unable to agree with the aforesaid judgment and we are clearly of the view that the Lotteries Ordinance, 1997 is valid and constitutional.;