- 1 - HC-KAR NC: 2025:KHC:45340 WP No. 27339 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27339 OF 2024 (GM-RES) BETWEEN: M/S. KARNATAKA RAJYA CHILLARE LOTTERY MARATAGARARA SANGHA (R), A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES ACT, 1960, HAVING ITS REGISTERED OFFICE AT:- NO. 90, 'HONNASIRI', NGO'S COLONY, SUBASH LAYOUT, RAJENDRANAGAR, MYSURU-570 007. E MAIL: CRK.RRK@GMAIL.COM. REP. BY ITS PRESIDENT SRI C R RAMAKRISHNA. …PETITIONER (BY SRI H.J BHASKAR BABU, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU 560 001. 2. PRINCIPAL SECRETARY, TO GOVERNMENT OF STATE OF KARNATAKA, FINANCE DEPARTMENT, VIDHANA SOUDHA BENGALURU 560 001. 3. DIRECTOR OF SMALL SAVINGS AND STATE LOTTERY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU 560 001. 4. MYSORE SALES INTERNATION LIMITED (MSIL), MANAGING DIRECTOR, GOVERNMENT OF KARNATAKA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45340 WP No. 27339 of 2024 MSIL HOUSE, NO. 36, CUNNINGHAM ROAD, BENGALURU 560 052. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R-1 TO R-3; SRI LAKESHA K,ADVOCATE FOR R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER IN ACCORDANCE WITH LAW IN THE MATTER OF STARTING LOTTERY SCHEME IN KARNATAKA STATE ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. "Issue a WRIT of MANDUMUS directing the respondents to consider the representations of the petitioner in accordance with law in the matter of starting Lottery scheme in Karnataka state. b. Issue a WRIT of MANDAMUS or any other appropriate writ, order or direction, directing the first respondent to consider the grievances of the members of first Petitioner Society affording opportunity to be heard in the matter." 2. The petitioner claims to be the Association of retail lottery ticket selling agents consisting of more than 120 members. The petitioner had submitted representations to the respondent-State for - 3 - HC-KAR NC: 2025:KHC:45340 WP No. 27339 of 2024 formulation of a scheme for selling lottery tickets in the State of Karnataka, after the State had banded a sale of lottery tickets. 3. Essentially what the petitioner seeks for is for the State to come up with a lottery scheme, sell the lottery tickets through the petitioner and their members and prepare a scheme in terms Section 4 of the Lotteries (Regulation), Act, 1998 (for short herein after referred to as “the Act of 1998”). Section 4 is reproduced hereunder for easy reference; 4. Conditions subject to which lotteries may be organised, etc.—A State Government may organise, conduct or promote a lottery, subject to the following conditions, namely:— (a) prizes shall not be offered on any pre-announced number or on the basis of a single digit; (b) the State Government shall print the lottery tickets bearing the imprint and logo of the State in such manner that the authenticity of the lottery ticket is ensured; (c) the State Government shall sell the tickets either itself or through distributors or selling agents; (d) the proceeds of the sale of lottery tickets shall be credited into the public account of the State; - 4 - HC-KAR NC: 2025:KHC:45340 WP No. 27339 of 2024 (e) the State Government itself shall conduct the draws of all the lotteries; (f) the prize money unclaimed within such time as may be prescribed by the State Government or not otherwise distributed, shall become the property of that Government; (g) the place of draw shall be located within the State concerned; (h) no lottery shall have more than one draw in a week; (i) the draws of all kinds of lotteries shall be conducted between such period of the day as may be prescribed by the State Government; (j) the number of bumper draws of a lottery shall not be more than six in a calendar year; (k) such other conditions as may be prescribed by the Central Government. 4. 4. The perusal of the said provision indicates that the State may prepare such a scheme or provide for the matters enumerated therein. The same is entirely at the discretion of the State to do so and therefore amounts to policy matters. 5. The petitioner cannot seek for a mandamus calling upon the respondents to start the business of lottery and provide the petitioner with agencies for selling - 5 - HC-KAR NC: 2025:KHC:45340 WP No. 27339 of 2024 lottery tickets by formulating a scheme under Section 4 of the Act of 1998. 6. In that view of the matter, there being no vested right in the petitioner, the authority under Section 4 being discretionary and a policy matter of the State, no mandamus can be issued as sought for. The petition therefore stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 45