9911796707
TMI Blog2022 (6) TMI 580X X X X Extracts X X X X X X X X Extracts X X X X ..... e view that refund of this nature cannot be granted if the burden of the draw charges had been passed on to a third party or the ultimate consumer. In an intra-Court Mandamus appeal, interference is usually warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts of the instant case, on a plain reading of the impugned judgment and order, this Court does not notice any such palpable infirmity or perversity. That apart and in any event, the impugned judgment and order is supported with cogent and justifiable reasons. Appeal dismissed. - WA No. 02/2022 - - - Dated:- 10-3-2022 - Hon ble Mr. Justice Biswanath Somadder, Chief Justice And Hon ble Mrs. Justice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that refund of this nature cannot be granted if the burden of the draw charges had been passed on to a third party or the ultimate consumer. That apart, the learned Single Judge also proceeded to observe, inter alia, that in order to determine whether or not the burden of draw charges paid by the petitioners on behalf of the Organising States had been passed on to the ultimate consumer, it was necessary to examine the complex issue of pricing of the lottery tickets, which may not be possible in writ jurisdiction. For convenience, the two penultimate paragraphs of the impugned judgment and order are quoted hereinbelow: 28. In the present writ petition, neither the Organising States nor the distributor/selling agents have been m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e agreements between parties not before this Court. The only thing certain is that the petitioner had paid the draw charges. The State respondents have also raised the issue of limitation and seriously contested it. 29. In the circumstances, this Court is of the view that it would not be correct to decide the issues raised in writ jurisdiction. The writ petition, is therefore, dismissed. However, it is left open to the petitioner to approach the civil court for appropriate remedy if they so desire. In the event, the petitioner approaches the civil court, needless to say, the parties may plead and raise all necessary issues before the civil court. The observations made herein shall not come on the way of the civil court to decide the is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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