Case Law Details
Big Star G Services LLP Vs State Of Arunachal Pradesh (Gauhati High Court)
Lottery includes gambling as an element of chance which requires no skill and as held by the Apex court it would not attain the status of trade like other trades or become res commercium. Accordingly, the petitioner has no right to invoke Article 14 of the Constitution of India or under Article 19(1)(g) of the Constitution of India seeking for his protection of his fundamental right for carrying on trade and commerce of the State lotteries.
FULL TEXT OF THE JUDGMENT/ORDER OF GAUHATI HIGH COURT
Heard Mr. I Choudhury, learned senior counsel assisted by Mr. S Biswakarma, the learned counsel for the petitioner. Also heard Mr. S Dutta, the learned counsel for the respondent No. 3 and Mr. B D Goswami, the learned Additional Advocate General, State of Arunachal Pradesh assisted by Mr. Chandran, the learned Government counsel, Arunachal Pradesh.
2. The petitioner is involved in the lottery business having its infrastructure required for performing as a distributor of lottery tickets both conventional paper lottery and online lottery in any State of India. The respondent No. 1 through its Secretary, Department of State Lottery published ‘request for proposal’ (RFP) on 01.11.2013 for selection of distributors of conventional paper and online lottery. In the said RFP, it was provided that the interested bidders may submit bid separately for each set of draws either for paper lottery or for online lottery or both. The respondent No. 3 submitted its tender for two sets of online lottery and another party, Future Gaming and Hotel Services Pvt. Ltd along with other parties participated in the said RFP. The respondent No. 3 was selected for online lottery and in terms of the offer made by the Government of Arunachal Pradesh the respondent No. 3 accepted its appointment as distributor of online lottery. Out of 3 sets of lotteries, two online sets of lotteries were allotted to the respondent No. 3 as its distributor and one set of conventional paper lottery scheme was allotted to the said Future Gaming and Hotel Services Pvt. Ltd.
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