ORDER :

The present writ petition has been filed for quashing the press communique (Annexure-1 to the writ petition) issued by the Department of Finance, Government of Jharkhand in pursuance of the notification No. 3646 dated 05.12.2008 in purported exercise of the power conferred under Section 5 of the Lotteries (Regulation) Act, 1998 [hereinafter referred to as ‘the Act, 1998’] putting a complete ban within the State of Jharkhand on sale of lottery tickets organized/conducted/promoted by the other States. Further prayer has been made to declare that the said press communique issued by the Government of Jharkhand is ultra vires to the Constitution of India, so far as it relates to the lotteries organized by the other State Governments, as the State of Jharkhand lacks legislative competence in putting complete ban on sale of lottery tickets organized/conducted/promoted by the other States.

2. Learned counsel for the petitioner submits that the petitioner is engaged in the business of sale of lottery tickets since the year 1972 particularly the lotteries organized/conducted by the Government of Sikkim. It is further submitted that Section 5 of the Act, 1998 does not empower the State