M/S. Fateh Maidan Club v. The State Of Telangana And Another

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.16638 OF 2019 ORDER:

This writ petition is filed challenging the order in Memo No.306/Legal/A2/2019, dated 16-07-2019 wherein and whereby the application filed by petitioner for grant of entertainment Tambola licence for the period from 01-03-2019 to 29-02-2019 is rejected.

Learned counsel for the petitioner submits that for the period from 01-03-2018 to 28-02-2019 the Government has issued licence vide G.O.Rt.No.1441, dated 03-10-2018 and after lapse of said period, again the petitioner applied for licence under Section 5 of Telangana Lotteries Act, 1968 (for short "the Act") by fulfilling all the conditions including payment of fee in advance, but without assigning reasons the application has been rejected which is in violation of principles of natural justice.

Heard learned Assistant Government Pleader for Home, who, submits that after application is filed by thepetitioner, a report was called for and said report indicates that game of Tambola involves collection of money. Basing on the same, the application of the petitioner has been rejected. He placed written instructions to that effect.

It is to be seen that a reading of the impugned order goes to show that no reasons are recorded. If there are any lacunas, without putting notice the application of the petitioner could not have been rejected.

In view of the same, the impugned order is set aside only on the ground of violation of principles of natural justice.

Accordingly, the impugned order is set aside. The 1st respondent is directed to reconsider the application of the petitioner in terms of the Act.

With the above direction, the writ petition is allowed to the extent indicated above. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 09-08-2019 Nvl