Disposed

Sanchit Todi Son of Shri Sanjay Todi v. the State of Rajasthan

Rajasthan HC7 Dec 2021CW/916/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition challenging the constitutionality of Section 12 of the Rajasthan Public Gambling Ordinance. The court held that the petition lacked sufficient background facts and proof of genuine interest, refusing to examine the constitutional validity of the provision in a vacuum.

What did the court decide?

Petition disposed of; liberty granted to file a fresh petition upon establishing bona fides and genuine interest.

Sanchit Todi Son of Shri Sanjay Todi… — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 916/2021

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Sanchit Todi Son Of Shri Sanjay Todi, Aged About 27 Years, Resident Of 202-203, E-22 Apartments, Kaushalya Marg, Bani Park, Jaipur (Rajasthan).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Ministry Of Law And Justice, Secretariat, Jaipur

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----Respondent

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For Petitioner(s) : Mr. Sankalp Todi For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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07/12/2021

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The petition in the original form carries the prayer for a declaration that Section 12 of the Rajasthan Public Gambling Ordinance, 1949 is unconstitutional to the extent it applies to games of skill when conducted in a common gaming house. The objection of the petitioner appears to be to bar the conduct of games of skill in common gaming house. In the original form the petition did not disclose any further consequential prayer nor stated how the petitioner is interested in this challenge. Perhaps to overcome this difficulty, the petitioner has now moved an application for amendment. Through this amendment the petitioner wishes to add one declaration that he wants to own or operate and get engaged into the business of providing services of games of skill in a common gaming house and consequently he

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(2 of 2)

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[CW-916/2021]

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has prayed for a direction to allow him to operate and engage in the business of such activity.

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The petitioner has not produced sufficient background facts or even his background or preparation made in order to engage himself in this kind of activity. This Court would not examine challenge to statutory provisions in vacuum. Without there being further material on record, we would not entertain this challenge to the statutory provision at the hands of the petitioner.

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The petition is disposed of giving liberty to the petitioner to file a fresh one in case he can establish his bonafide and genuine interest in having the vires of a statutory provision decided by the High Court.

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With these observations, the petition is disposed of. All pending applications are also disposed of.

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(UMA SHANKER VYAS),J

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(AKIL KURESHI),CJ

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ANIL KUMAR GOYAL / BM GANDHI-36

Sanchit Todi Son of Shri Sanjay Todi v. the State of Rajasthan

Case brief

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Sanchit Todi Son of Shri Sanjay Todi v. the State of Rajasthan

Case brief

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