Page No.# 1/4 GAHC010235092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6071/2025 DARIDRA GOT REPRESENTED BY ITS PRESIDENT, ASHROB ALI, AGED ABOUT 47 YEARS, S/O- LATE NOBJESH ALI, VILL- BANBAHAR, P.O- KAYAKUCHI, P.S AND DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DISTRICT COMMISSIONER BARPETA P.O AND DIST- BARPETA ASSAM 4:THE SUPERINTENDENT OF POLICE BARPETA P.O AND DIST- BARPETA ASSA Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : GA, ASSAM, Page No.# 2/4 BEFORE HON’BLE THE CHIEF JUSTICE ASHUTOSH KUMAR HON’BLE MR JUSTICE ARUN DEV CHOUDHURY ORDER 29-10-2025 (Arun Dev Choudhury, J) 1. The writ petitioner namely, “Daridra Got” is a registered non-governmental charitable society (Reg. No.PAS/ASG/APMG/FO/2017-18/0103, dated 17.07.2017) based in Barpeta District, Assam which was founded in 2017 to help poor and starving people by distributing financial aid, clothes and essential items. It is claimed that to raise funds the petitioner relies on member donations and an annual ticket based prize draw (lucky coupon) held on Republic Day (26th January) every year. It is contended that tickets are sold at a nominal price and prizes are awarded through a transparent, randomized draw. It is also claimed that the proceeds of the petitioner go entirely towards charity. 2. This writ petition has been filed by the petitioner seeking permission to conduct the fundraising Charity Lottery under the due supervision of the respondent authority, by allowing the representation filed before the District Commissioner Barpeta dated 16.11.2024. 3. The background facts necessary to be stated in short are that a Public Interest Litigation, being PIL No.29/2024, was filed before this Court seeking the stoppage of illegal organising of offline and online lottery in various districts of the State of Assam. 4. In that case, the learned Amicus Curiae had pointed out that, in accordance with the Lotteries (Regulation) Act, 1998, and the Lotteries (Regulation) Rules, 2010, only the State Government could organise a lottery, and that too on specific terms and conditions. However, it was found that many individuals, after seeking permission from Page No.# 3/4 the concerned District Commissioners, were organising offline and online lotteries. Many a times such permissions were granted by the District Officials without verifying the person applying to conduct such a lottery. 5. The experience had been that such lottery operators played on the gullibility and naivety of poor people, and the money collected from them was being squandered or misused for personal purposes. 6. The PIL, therefore, aimed at seeking a prohibitory order from the Court so that the poor people are not put to any disadvantage because of the dubious ways of such private operators in the field. 7. After hearing the PIL, by order dated 03.10.2024, the Co-ordinate Bench directed the State Government, as an interim measure, to issue directions to all the District Commissioners, including the Superintendents of Police of all the Districts of Assam, not to grant any permission to any individual/organisation for organising off- line/on-line lotteries and in case any such off-line or on-line lotteries were found to be organized illegally, the concerned Superintendent of Police had to take immediate action against those persons/organisers in accordance with law. 8. The petitioner earlier approached this Court by filing I.A.(C) No. 3458/2024 praying for vacation/modification of the order dated 03.10.2024 passed in PIL No. 29/2024 and by order dated 12.11.2024, the Co-ordinate Bench refused to vacate or modify the order dated 03.10.2024, however, granted liberty to the petitioner to file appropriate representation before the concerned authorities in the State Government seeking permission to organise lotteries/lucky coupon draws on the eve of the festivals. In pursuance of the order dated 12.11.2024, the petitioner submitted a representation on 16.11.2024 before the District Commissioner, Barpeta. However, the same has not been considered till date. 9. Accordingly, the petitioner by way of the instant writ petition, prayed for a direction to the respondent authorities to consider and dispose of the representation Page No.# 4/4 dated 16.11.2024 within a limited period, so that the petitioner can organise the lottery draw on 26.01.2026. 10. The Learned State counsel contends that the District Commissioner, Barpeta, shall dispose of the representation as mentioned earlier. 11. In view of the consensus above, the present application is disposed of, providing that the representation filed by the petitioner be considered and decided expeditiously taking into consideration the provisions of The Lotteries (Regulation) Act, 1998 and The Lotteries (Regulation) Rules, 2010 but within an outer limit of 4 (four) weeks from the date of receipt of a certified copy of this order to be furnished by the petitioner before the District Commissioner, Barpeta. It is needless to say that the petitioner shall be at liberty to file a fresh representation before the District Commissioner, Barpeta, in this regard, while furnishing a copy of this order. 12. With the aforesaid observation and direction, the instant writ petition stands disposed of. JUDGE CHIEF JUSTICE Comparing Assistant