Jeevan Bajaj & Others vs. State Of Punjab & Others
Held
The Court noted the submissions of both parties. The petitioners had presented a letter advising against interference with lottery ticket sales. The State counsel, in response, stated that an inquiry had been conducted and that the sale of lottery tickets would not be obstructed, subject to the petitioners' compliance with depositing the requisite Goods and Services Tax (GST). In light of these submissions, the Court found no further directions to be necessary. The writ petition was disposed of on this basis, with the understanding that the sale of lottery tickets could proceed upon payment of the applicable GST.
Facts
The petitioners, Jeevan Bajaj and others, filed a writ petition before the High Court of Punjab and Haryana at Chandigarh. They sought directions regarding the sale of lottery tickets. The petitioners referred to a letter dated November 23, 2009, addressed to Senior Superintendents of Police in Punjab, advising them not to interfere with the sale of lottery tickets to avoid revenue loss to the State. The State counsel informed the Court that an inquiry was conducted based on the petitioners' representation. As per the instructions received, the sale of lottery tickets would not be stopped, provided the requisite GST was deposited.
Key Issues
1. Whether the authorities are legally empowered to interfere with the sale of lottery tickets by the petitioners, despite the existence of a prior communication advising against such interference to protect State revenue? (Question of law and fact, concerning the interpretation and application of administrative instructions and the GST regime). Petitioners' contention: The petitioners relied on the letter dated November 23, 2009, which directed police not to interfere with lottery ticket sales, arguing that continued interference would cause them loss and undermine the State's revenue interests. They implicitly argued for the continued validity and applicability of this instruction. Respondents' contention: The State counsel submitted that an inquiry had been conducted and that the sale of lottery tickets would not be stopped, provided the petitioners deposited the requisite GST. This indicates the State's position is conditional on compliance with GST regulations.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 28715 of 2018 Date of Decision: November 16, 2018
Jeevan Bajaj and others ....Petitioners Versus State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE RAJAN GUPTA Present: Mr. Gaurav Mohunta, Advocate, for the petitioners. Rajan Gupta, J (Oral) Notice of motion. On the asking of court, Mr.Sahil Sharma, DAG, Punjab accepts notice on behalf of State of Punjab. Learned counsel for the petitioners has referred to letter dated 23.11.2009 Annexure P/7 addressed to all the Senior Superintendent of Police of Punjab not to interfere with the sale of lottery tickets as it would cause considerably loss of revenue to the State. Learned State counsel submits that an enquiry has been conducted on the basis of representation submitted by the petitioners and as per instructions received, it would not stop from selling the lottery tickets provided they deposit the requisite GST. In view of above, no further direction is necessary. Disposed of. (Rajan Gupta) Judge November 16, 2018 BB Whether speaking/reasoned Yes/No Whether reportable: Yes/No BHARAT BHUSHAN 2018.11.17 09:36 I attes
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