( 1. ) BY this petition under Article 226 of the Constitution of india, the petitioner wants that the order passed by Shri V. R. Kapoor, collector and District Magistrate, Shivpuri, dated 29-9-1979, be quashed, because it violates the fundamental rights given to the petitioner for doing his business and also because it suffers from lack of legal authority in Shri v. K. Kapoor to pass such an order.

( 2. ) THE facts giving rise to this petition are that the petitioner organises a game of skill known as five Dart Game (a game of throwing darts ). The game is played in the following manner, as mentioned in A. P. Mathurs commentaries on Gambling Acts in India-revised and edited by Shri k. K. Malik-Second Edition-1973 :

"in this game a board with a number of squares in six colours is kept leaning against the wall. On a table near it is placed a board showing the same six colours. If a person places money on any of those colours on the table, he would be given three darts. If he throws the darts and strikes the colour on which he has placed his money he would be given twice the amount staked by him on the colour. Others also can take part in the game with him. They are said to be