JUDGMENT :

I. MAHANTY, J.

1. The present Public Interest Litigation (PIL) petition has been filed by the petitioner claiming himself to be a resident of Ajmer City, involved in the business of imparting education by way of coaching to the youth of Ajmer City.

2. The grievance raised in the present petition is in respect of the online game known as "Dream 11" and the said online game is alleged to be betting of cricket team and amounting to gambling. The petitioner has submitted that public in general are cheated in the name of "Dream 11" game and people become culprit of gambling and betting without having the proper knowledge of law. The petitioner has submitted that by permitting "Dream 11" game to be played, the respondents are committing offence of gambling and betting.

3. The prayers made in the Public Interest Litigation petition are quoted hereunder:-

"10. Relief(s) prayed for: In the facts and circumstances enumerated above this Hon'ble Court may be graciously pleased to direct;

10.1 That the suitable orders/directions may be issued to the respondents No. 1 & 2 for to stop illegal game of gambling and betting organised by respondents No. 3 & 4.

10.2 That the suitable orders/directions may be issued to the respondents No. 1 & 2 to book a criminal case(s) against respondents No. 3 & 4 for abetting the game of gambling and betting.

10.3 That the suitable orders/directions may be issued to the respondents No. 1 & 2 to make necessary arrangements so that such organised crime is not committed in this country by respondents No. 3 & 4 in any manner whatsoever."

4. The respondents No. 1 & 2 have filed reply to the PIL petition and prayed that the present petition is a frivolous petition which has been filed with bald and vague allegations against the State authorities. The respondents have also pleaded that the authorities in the State of Rajasthan are conscious of their statutory duties towards public and any illegal act of gambling and betting, is dealt with, as per the provisions of the Rajasthan Public Gambling Ordinance, 1949 and further as per the duties assigned under the Public Gambling Act, 1867.

5. The respondents have also pleaded that the Punjab and Haryana High Court in the case of Varun Gumber Vs. Union Territory of Chandigarh and Ors. reported in 2017 Cri.L.J. 3827 has considered the similar issue with respect to the game "Dream 11" and it has been found that "Dream 11" game does not involve any commission of offence of gambling and betting and accordingly, the writ petition was dismissed vide order dated 18.04.2017. The respondents have also pleaded that the order of Punjab and Haryana High Court was challenged before the Hon'ble Supreme Court in Special Leave Petition No. 27511/2017 and the Hon'ble Supreme Court has dismissed the said Special Leave Petition vide order dated 15.09.2017.

6. The respondents have also pleaded that issue with regard to nature of "Dream 11" game as whether it involves gambling/betting was also examined by Division Bench of the Bombay High Court in the case of Gurdeep Singh Sachar Vs. Union of India & Ors. [Criminal Public Interest Litigation Stamp No. 22 of 2019] and Division Bench of the Bombay High Court vide its judgment dated 30.04.2019 upheld the legality of the "Dream 11" game. The judgment of Division Bench of Bombay High Court dated 30.04.2019 was challenged before the Hon'ble Supreme Court in Special Leave Petition (Criminal) Diary No. 35191/2019 and the Hon'ble Supreme Court has dismissed the said Special Leave Petition vide order dated 04.10.2019.

7. The respondents have pleaded that as per Section 12 of the Rajasthan Public Gambling Ordinance, 1949, the game involving "mere skill" is exempted from the applicability of the Act/Ordinance and since "Dream 11" game has been held to be a game of skill, no fault can be found by the answering respondents in the activity which is carried out by the private respondents.

8. The respondents No. 3 and 4 have also filed reply to the PIL petition a