Permission for sale of lottery tickets necessary from the State in which tickets of users series are intended.

K.A.Swami, C.J.

Writ Appeal No.631 of 1996 is pre-ferred against the interim order dated 7. 1996 passed by the learned single Judge in W.M.P.No. 13110 of 1995 filed in W.P.No.8180 of 1995. When the appeal came up for admission, after hearing both sides, we considered it necessary to hear the writ petition along with the writ appeal, as the arguments in the writ appeal and the writ petition are the same. Accordingly, we directed all the Writ Petition Nos.8046 of 1995, 8079 of 1995 and 8180 of 1995 to be posted for hearing along with the writ appeal. Accordingly, we have heard both the sides in the writ appeal and the Writ petitions.

2. W.P.No.8079 of 1996 is filed by the Manipur State, whereas Writ Petition Nos.8046 of 1995 and 8180 of 1995 are filed by the respective Agents of the Mizoram and Nagaland States, who have been authorised by those States to sell their lottery tickets.

3. In the writ petitions, the petitioners have sought for quashing the order dated 6. 1995 passed by the State Government in G.O.Ms. No.819, (Home (Courts-ID Department. By the impugned order, the State Government has banned the sale of single digit and instant lotteries by the said three State Governments in the State of Tamil Nadu. The impugned order, G.O.Ms. No.819. dated 6. 1995 reads as follows:

"Raffles - Sale of single digit and Instant Lotteries of other State Government in Tamil Nadu Ban orders - Issued.

HOME (COURT 11) DEPARTMENT

G.O.Ms.No.819

Dated 6. 1995

1. G.O.Ms. No. 1101, Finance (Raffles) Department, dated 10. 1989.

2. G.O.Ms.No.634, Home (Courts II) Department, dated 6. 1994.

3. G.O.Ms.No. 1176, Home, dated 310. 1994.

4. G.O.Ms.No. 1446, Home, dated 211. 1994.

5. G.O.Ms.No. 101, Home, dated 21. 1995.

6. G.O.Ms.No. 1333, Home, dated 11. 1994.

7. G.O.Ms.No. 1370, Home, dated 111. 1994.

8. From the Director of Raffles, Madras, D.O. Letter No.C2/4959/93, dated 12. 1995.

ORDER: In the Government Order first read above, orders have been issued regulating the sale of lottery tickets in the State of Tamil Nadu according to which private lotteries of any kin were not allowed to be sold in this State. The above orders of this Government were challenged in the Supreme Court of India by certain States such as Mizoram, Nagaland, Sikkim, Arunachal Pradesh and “Goa and certain other lottery agent. The Supreme Court by its interim order dated 24. 1994 laid down certain essential concomitants to be satisfied for a” State organised Lottery “ for the purpose of being sold in other States such as the lottery tickets must be printed by the State Government so as to ensure authenticity and genuineness and also in order to avoid the possibility of duplication of such tickets that the State itself must be able to sell the tickets though, if necessary, through a sole distributor or selling agent or several agents or distributors under the terms and conditions of any agency to be determined by an agreement between the parties etc. In view of the above interim orders of the Supreme Court this Government in the Government order 2nd read above ordered that the lottery tickets of the Government of Tamil Nadu, West Bengal, Kerala, Uttar Pradesh, Maharashtra and Karnataka which satisfy the basis and essential concomitants laid down by the Supreme Court be permitted for sale within the State of Tamil Nadu and that the other State Governments which intend to have their lottery tickets sold in this State shall make an application in the prescribed format to the Secretary to Government, Home Department, Government of Tamil Nadu so as to verify whether those lotteries conform to the norms prescribed by the interim order of the Supreme Court with reference to the applications made by the Government of Mizoram, Arunachal Pradesh, Sikkim, Manipur and Nagaland, the lottery tickets of these States were also permitted to be sold in Tamil Nadu in October, 1994 and subsequent thereof.

4. In February, 1995 the Director of Raffles, Tamil Nadu brought to th