M. Katju, J. - (1.) This writ petition has been filed for a mandamus directing the respondents not to interfere with the sale of Nagatand State Lotteries. A large number of such writ petitions have been filed in this Court, hence this judgment will govern all such petitions whether they are listed before us or not.
(2.) The petitioner claims to be the main stockist of Nagaland State Lotteries whose names are mentioned in para 2 of the petition. It is alleged in para 4 of the writ petition that the Government of Nagaland has appointed M/s. M. S. Associates as their sole distributor of Nagaland State Lotteries, and M/s. M. S. Associates has appointed the petitioner as main stockists to market and sell the aforesaid lotteries in district Shahjahanpur and other parts of U. P. It Is stated in para 6 that the State of U. P. enacted the U. P. Unauthorised Lotteries (Prevention) Act, 1995 with a view to prohibit sale of unauthorised lotteries within the State of Uttar Pradesh. The lotteries conducted by the U. P. Government were excluded from the scope of the said Act. It is alleged in para 7 of the petition that under the garb of Ordinance No. 22 of 1995, which later on became the aforesaid Act of 1995, the district authorities started harassing the stockist and vendors who were selling the lotteries of Nagaland State, and hence M/s. M. S. Associates was compelled to file Writ Petition No. 1764 (M.B.) of 1995 in this Court. In that petition, an interim order was passed on 28.6.1995 restraining the respondents from the sale of Nagaland State Lotteries. True copy of the interim order is Annexure-1 to the writ petition. It is alleged in para 9 of the petition that subsequently some statement was made by the learned Advocate General that the State organised lotteries are exempted from the aforesaid Ordinance and Act and hence the writ petition was disposed of by the order dated 1.12.1995. In para 10 of the writ petition, it is alleged that thereafter the petitioner was carrying on the business of sale of Nagaland State Lotteries.
(3.) In para 12 of the writ petition, it is stated that the State of U. P. by letter dated 19.4.1997 informed the State of Nagaland that Nagaland State Lotteries mentioned therein complied with the conditions laid down by the Supreme Court in State of Haryana v. M/s. Suman Enterprises. 1994 (4) SCC 21 7. True copy of the said letter is Annexure-2 to the writ petition. In para 13, it is stated that the authorities were causing harassment to the petitioner by not permitting sale of Nagaland State Lotteries, and on enquiry, the petitioner came to know that some oral orders have been passed by the District Magistrate that Nagaland State Lotteries shall not be sold. In para 15, it is stated that the State of U. P. has not issued any order banning the sale of Nagaland State Lotteries which was given permission earlier but was not mentioned in the list annexed with letter dated 19.4.1997. In para 17, it is stated that the respondent Nos.l and 2 have not issued any orders to the district administration prohibiting sale of the lotteries mentioned in letter-dated 19.4.1997, but the district administration in colourable exercise of power was misinterpreting the law laid down by the Supreme Court and had issued orders to the police authorities to prevent the petitioner from selling the State Lotteries.;