The main legal point established in the judgment is that the lottery organised by the royal Bhutan government in the State of Karnataka is not permissible in law as it is opposed to the provisions of the Karnataka lotteries and prize competitions control and tax Act, 1951. The judgment also clarified the executive power of the union of India and its authority to issue directions in matters covered by the Act.

( 1 ) WRIT appeal nos. 1268 to 1270 of 1992 are preferred against the order dated 29-6-1992 passed by the learned single judge in W. P. nos. 14735, 14406 and 14656 of 1992 respectively. The learned single judge has rejected the writ petitions. Therefore, the petitioners have come up in writ appeals.

( 2 ) IN the writ petition (w. p. no. 14735 of 1992) the petitioners-appellants have sought for a writ in the nature of mandamus directing the respondents by themselves, their agents, servants or anyone through them to forbear from interfering with the sale or distribution of lottery tickets of the lottery organised by royal government of bhutan in the State of karnataka; in W. P. no. 14406 of 1992, the petitioner has sought for a declaration that the alleged high-handedness of respondents 4 and 5 therein (circle inspector of police, chickpet police station, Bangalore and the sub-inspector of police, uppar pet police station, bangalore) in taking away the lottery tickets from the petitioner on the 22nd april, 1992 of royal bhutan government lottery is unauthorised, arbitrary, mala fide and violative of Articles 14 and 19 (1) (g) of the constitution of India and also opposed to the principles of natural justice. He has also sought for a declaration that there could be no ban in, or by, the State of Karnataka on the sale of lottery tickets organised by the government or governments of other states including the one organised by the royal bhutan government and any such restriction or ban, if imposed, is unconstitutional and void. In addition to this, the petitioner has sought for a writ in the nature of mandamus directing the respondents therein to forthwith restore to the petitioner the lottery tickets whisked away from him by the respondents on the 22nd april, 1992. The prayer made in W. P. no. 14656 of 1992 is to issue a direction to the respondents 6 to 9 therein, not to enforce the provisions of the Karnataka lotteries and prize competitions control and tax Act, 1951 (hereinafter referred to as the 'act') and alsp to declare that selling, distributing and dealing with the royal bhutan lottery tickets in Karnataka is legal and the provisions of the act are not applicable. He has further sought for issue of a writ in the nature of mandamus restraining respondents 6 to 9 therein, from interfering with the selling or distributing and dealing with the bhutan lottery tickets in karnataka.

( 3 ) IN W. P. no. 17227 of 1992, filed by one k. Subramanyam son of Sri k. Venkalanarayana rao, claiming to be a public interest litigation, the petitioner has sought for issue of a writ, order or direction, declaring the lotteries promoted, organised and sold in the name of royal bhutan government lotteries in Karnataka as illegal and as being opposed to the provisions of the 1951 act.

( 4 ) WHEN W. P. no. 17227 of 1992 came up before the learned single judge, on 20-8-1992, it appears to have been brought to the notice of the learned single judge that the aforesaid writ petitions have been dismissed and w. as. 1268 to 1270 of 1992 have been preferred against the order of the learned single judge, therefore, the learned single judge has referred the above writ petition to the division bench to be heard along with w. a. nos. 1268 to 1270 of 1992. Hence this writ petition is posted along with the above writ appeals.

( 5 ) WE have heard both the sides in the writ appeals and the writ petition.

( 6 ) IN the light of the prayers made in the writ petitions and contentions urged on both sides, the following points arise for consideration:1) whether, as claimed by the petitioners in W. P. nos. 14735 of 1992,14406 of 1992 and 14656 of 1992, the lottery organised by the royal bhutan government in the Karnataka state is permissible in law, and whether it is permissible for the government of Karnataka to interfere with it and stop organising or selling the tickets of such lotteries?2) whether the order of the learned single judge passed in W. P.