Subir Gorain & ORS v. The Directorate Of Institutional Finance & State Lotteries &

16.03.2021 tkm/ct 10.

Sl. 55 WPA 25012 of 2017 In re : Subir Gorai & Ors.

... Petitioners Mr. Prosenjit Mukherjee Mr. M Sarkar .....for the petitioners Mr. Tanoy Chakraborty Mr. K. Bhattacharjee Mr. C Dutta Mr. D Guha .....for respondent nos. 4, 6 & 8 Mr. N C Bihani Ms. P Banerjee Bihani .....for the State The petitioners seek a direction on the respondent authorities to disburse the lottery prize money in terms of result sheets published in their favour allegedly along with interest and also compensation.

There are six petitioners impleaded in this petition. It is alleged that they began to purchase lottery tickets since the first week of November 2015. The results of such lotteries were published between 16th November 2015 to 30th November 2015. Subsequently, the petitioners submitted a representation to the respondent authorities alleging that they were the successful winners of such lotteries. The petitioners also filed a demand of justice dated 23rd November 2015 and thereafter initiated proceedings before the Consumer Redressal Forum Birbhum, Suri. By an order dated 20th April 2017 the District Consumer

Disputes Redressal Forum dismissed the case of the petitioners and directed them to take the original tickets for disposal to the appropriate respondent authorities.

Admittedly, the respondents did not choose to go to the respondent authorities with the original tickets but instead filed the instant writ petition seeking a mandamus on the respondent authorities to pay them the money and compensation.

It is submitted on behalf of the respondents that the petition has been pending since 2017 and several adjournments have been sought for on behalf of the petitioners on frivolous grounds. It is further submitted on behalf of the respondents that if any of the petitioners approach the respondent no. 4 along with the original lottery tickets then the respondent o. 4 will be bound to pay them the requisite lottery upon being satisfied as to the authenticity and originality of the said lottery tickets in accordance with law.

I have heard the parties. I have considered the submissions made on their behalf. I am of the view that despite the order dated 20th April 2017 passed by the District Consumer Disputes Redressal Forum, the petitioners did not approach the respondent authorities but instead they filed this petition. In view of the submissions made on behalf of the respondent authorities WPA 25012 of 2017 is disposed of by directing the petitioners to produce the original lottery tickets

whereby they allege to be the winners before the respondent no . 4 within a period of two weeks from date.

If such original tickets are produced before the respondent no. 4 and upon being satisfied of the authenticity of such tickets the respondent on. 4 is directed to act in accordance with law and disburse the lottery winning prize money to the petitioners if they are otherwise entitled to the same. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

( Ravi Krishan Kapur, J. )