Sh. Raju Pun v. State of Mizoram and 10 Ors

O R D E R

22.10.2024 (D. Baruah, J.)

Heard Mr. D. Mazumdar, the learned senior counsel assisted by Mr. Sandeepjoy, the learned counsel for the petitioner. Ms. Lalnunhui, the learned Additional Advocate General appears on behalf of the State of Mizoram; Ms. Zairemsangpuii, the learned CGC appears on behalf of the Union of India; Mr. S. Dutta, the learned senior counsel assisted by Mr. Sandeepjoy, the learned counsel appears on behalf of the respondent No.8 and Mr. J. Rohmingthanga appears on behalf of the respondent No.10.

¶2By the present Public Interest Litigation, the Petitioner who is a resident of Mizoram has primarily challenged the acts on the part of the respondent No.8 to sell paper lottery in digital mode which as per the Petitioner is contrary to the Lotteries (Regulation) Act, 2008 as well as the directions issued by the Ministry of Home Affairs. However, it is seen that the Petitioner before filing the instant Public Interest Litigation had not approached or filed any representation before the Ministry of Home Affairs, Government of India.

¶3Mr. D. Mazumdar, the learned senior counsel appearing on behalf of the Petitioner submits that the Petitioner ought to have approached the Ministry of Home Affairs, Government of India first before filing of the present Public Interest Litigation. The learned senior counsel therefore submits that as the present Public Interest Litigation was filed without approaching the Ministry of Page No.# 5/5 Home Affairs, Government of India, it would be in the interest of justice that the Petitioner be permitted to approach the Ministry of Home Affairs, Government of India and if so aggrieved can approach the appropriate forum.

¶4We have given our anxious consideration to the respective submissions of the learned counsels for the parties and taking into account that it is a requirement of law that for entertaining a Public Interest Litigation or seeking a writ in the nature of mandamus that the Petitioner should have approached the authorities concerned, we are of the opinion that the present Public Interest Litigation is pre-matured. Accordingly, we close the present Public Interest Litigation.

¶5Liberty however is given to the Petitioner to approach the Ministry of Home Affairs, if so advised.

¶6Before parting with the records, we would like to make it clear that we have not expressed any opinion as regards the locus standi of the Petitioner taking into account the stand taken by the senior counsel for the Petitioner that the Petitioner would be well advised to approach the Ministry of Home Affairs, Government of India.

JUDGE JUDGE Comparing Assistant

Page No.# 1/5 GAHC030005292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/3/2024 Sh. Raju Pun S/o Late N.B. Pun, House No. N - 81(8), Bungkawn Venglai, Near Lal Office, Aizawl, Mizoram - 796001 VERSUS State of Mizoram and 10 Ors. R/b the Chief Secretary to the Govt. of Mizoram, New Secretariat Complex, Aizawl, Mizoram. PIN - 796001 2:State Lottery Committee through its Chairman Principal Secretary Finance Dept. 3:The Secretary Finance Dept. (Administrative Head) (Designated Authority) 4:The Commissioner Finance Dept. 5:The Additional Secretary to the Govt. of Mizoram Finance Dept. 6:The Director Institutional Finance and State Lottery 7:Union of India through the Secretary Home Ministry of Home Affairs Page No.# 2/5 8:M/s Skill Lotto Solutions Pvt. Ltd. 9:M/s B. S. Enterprise 10:M/s Teesta Distributors 11:M/s Summit Online Trade Solutions Pvt. Ltd Linked Case : I.A.(Civil)/157/2024 M/s Skill Lotto Solutions Pvt. Ltd. through Sh. Ashutosh Singh Shop No.6 Ground Floor Rayala Tower Chennai VERSUS Sh. Raju Pun and 10 Ors. House NO. N 81(8) Bungkawn venglai Near Lai House Aizawl 2:State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram Aizawl 3:State Lottery Committee through its Chairman Principal Secretary Finance Department New Secretariat Building Khatla Aizawl 4:The Secretary Finance Department Khatla Aizawl 5:The Commissioner Finance Department Page No.# 3/5 Aizawl 6:The Additional Secretary to the Govt. of Mizoram Finance Department Aizawl 7:The Director Institutional Finance and State Lottery Aizawl 8:Union of India through the Secretary Home Ministry of Home Affairs New Delhi 9:M/S/ B.S. Enterprise Bhakti Park RHB Road Cross SL Road Junction Mumbai 10:M/s Teesta Distributors Peace Villa Beside PWD Building Tuikhuahtlang Aizawl 11:M/s Summit Online Trade Solutions Pvt. Ltd. Building No.5 DLF Epitome 16th Floor Tower-B Harayana For the petitioner(s) : Mr. D. Mazumdar, Sr. Advocate Mr. Sandeepjoy, Advocate For the respondent (s) : Ms. Lalnunhui, Addl. A.G., Mizoram Mr. B. Lalramenga, Advocate Ms. Zairemsangpuii, CGC Mr. J. Rohmingthanga, Advocate Page No.# 4/5 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA