( 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 "side-betting. " before the dart throwing, they have to place their money on any colour other than the colour already chosen by him. If he throws the dart on any of the colours on which they have placed their money, they would be entitled to get double the amount staked. Such of them would lose their money if the dart is thrown on any colour other than the one on which they had placed their money. "

But, in the petition itself, the petitioner has mentioned how the game is played. That description he has given in para 2 (b) of his petition, which runs as under :-

"a customer purchases a coupon of rupee one from the stall of the proprietor. This enables him to use five dart. The customer throws the dart on the board after declaring that he proposes to strike at a particular number. He gets 5 chances. If he succeeds once in striking at the number proposed, he gets one more coupon and if he succeeds twice, he gets two more coupons. This is a game of mere skill, as striking at a particular number depends upon the balance of hand and accuracy to strike at a particular number. "

( 3. ) ON 28-6-1979, the petitioner applied for permission to put up a stall and organise this game of skill. It is alleged that this game was organised on a private land, which the petitioner took on rent and for running this game on the land, the landlord had no objection. The District magistrate, Shivpuri, asked for a report from the Superintendent of Police before granting permission to the petitioner for organising the said game. The permission was granted to one Ram Krishna Gupta who also was organising this type of game. On 15-9-1979, the Collector, Shivpuri gave permission to the petitioner for organising the said game. The copy of the order has been made Annexure P/3. But, by an order, which is under dispute, No. Q/95/79/9 GA/20/ Reader, dated 29-9-1979, the Collector imposed a ban on organising and conducting of the said game in Shivpuri. This is the order which the petitioner wants that it should be quashed. The grounds he has taken for quashing the order are that it is a game of mere skill and it is not prohibited under any law. The petitioner has a fundamental right to carry on his occupation or business of organising any game of skill at different places in India and by an order by an executive officer like District Magistrate, no complete ban can be imposed on the petitioner that he cannot carry or organise the business which he is doing at Shivpuri. He has further said that he is organising this game for last ten years at different places. The order is violative of Article 14 of the Constitution of india, because permission was given for organising such a game to one ram Krishna Gupta. The third ground he has taken is that before passing order of cancelling the permiss