BHARATI H. DANGRE, J.

1. Rule. Rule returnable forthwith.

2. The petitioner, proprietor of Sri Mangal Murti Marketing and carrying on business as a Sub-Distributor of State organized lottery of Government of Arunachal Pradesh and Nagaland has approached this Court seeking a declaration to the effect that Maharashtra Tax on Lotteries Act, 2006 be declared as void, being ultra vires to the provisions of Constitution. A direction is also sought to the Respondent State to restrain itself from levying and/or collecting tax on sale of lottery tickets in State of Maharashtra. The said Writ Petition came to be admitted on 27th June 2007 and an interim direction was issued to the effect that the State shall not levy or collect any taxes from the petitioner and it shall not obstruct the petitioner as long as it is carrying on lawful business.

The Division Bench of this Court was pleased to dispose of the Writ Petition by an order dated 29th November 2016 in view of the fact that the challenge in the writ petition was already covered by a judgment delivered by the Division Bench (D