ANIMA HAZARIKA, J. - (1.) HEARD Mr. K. Khan, learned counsel appearing for the petitioner. Also heard Mr. B Bhattacharjee, learned State counsel appearing for the respondents.
(2.) THE instant writ petition has been filed by the petitioner, inter alia with the following prayers;- a) For a direction to respondent No. 3 to quash and set aside the impugned letter dated 27.6.2008, b) To allow the petitioner to set up a business of Electronic Jackpot Parlour at Nongstoin, West Khasi Hills, the said business being not a gambling; c) directing respondent Nos. 2 and 3 to consider the representation of the petitioner dated 27.3.2008 in terms of order dated 20.6.2008 passed in WP (C) No. 146(SH) of 2008 and extend the exemption of the operation of the Meghalaya Prevention of Gambling Act, 1970 at Nongstoin Market, West Khasi Hills, Meghalaya; d) directing the respondent No. 4 to grant license to the petitioner in accordance with law for running the business of Electronic Jackpot Parlor at Nongstoin Market, West Khasi Hills, Meghalaya; and e) directing the respondent No.1 to frame policy/guideline for exercising the power under Section 13(2) of the Meghalaya Prevention of Gambling Act, 1970. In order to determine as to whether the directions as sought for can be granted, it would be appropriate to place on record the pleadings of the parties in a nutshell. The petitioner herein has earlier approached this Court by filing a writ petition being W.P.(C) No. 146(SH) of 2008 seeking the same relief as in the instant writ petition viz, to allow him to run the business of Electronic Jackpot Parlour at Nongstoin Market, West Khasi Hills District, exempting the application of Prevention of Gambling Act, 1970 as has been exempted by Notification dated Shillong the 3rd October 1996 from operation of the aforesaid Act when played in any premises situated in the area comprised within the Police Bazar Ward of Shillong Municipality subject to certain conditions specified in the above notification. The said writ petition came up for consideration on 20.6.2008 whereby and whereunder the Court directed the Home (Police) Department to consider the representation dated 25.03.2008 submitted by the petitioner within a period of two months from the date of receipt of the order, making it clear that if the representation is not considered within the aforesaid period or if the petitioner is not satisfied with the decision of the Government, the petitioner shall be at liberty to approach this Court afresh.
(3.) COPY of the order dated 20.6.2008 passed by this Court in WP(C) No.146(SH) 2008, along with the representation dated 25.3.2008 submitted by the petitioner to the Home (Police) department did not evoke any response from the Under Secretary, Government of Meghalaya representing the Home (Police) Department, but the Officer on Special duty, Home (Police) department vide letter dated 27.6.2008, informed the petitioner regretting its inability to accede to extend permission for installation of jackpot machine at Nongstoin in West Khasi Hills District, Meghalaya on the ground that Nongstoin does not fall under the area exempted for operation of jackpot machine, more so, when unlike other districts, West Khasi Hills Districts is one of the least developed district in the State where per capita income is very low, inasmuch as, literary in the district is also low and therefore, considering the economic condition of the district and the impact of a jackpot machine will have on the livelihood of the public, the prayer for exemption of operation as it did vide Government Notification dated 03.10.1996 has been rejected and hence the writ petition. Opening the argument Mr. Khan, learned counsel for the petitioner would contend that the Meghalaya Prevention of Gambling Act, 1970 (hereinafter to be referred to as 'the Act' only) has been exempted from its operation by Notification issued by the Government of Meghalaya in various pockets of different districts in the State of Meghalaya for setting up of Electronic Jackpot business and its operation is exempted in East Khasi Hills for running a business of Electronic Jackpot Machine in any premises situated within the Police Bazar Ward of Shillong Municipality subject to certain conditions specified therein, whereas, the same exemption has not been extended to West Khasi Hills District which amounts to violation of Article 19(1)(g) and Article 14 of the Constitution of India and hence require interference under judicial review.;