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2022 (6) TMI 580 - HC - Indian LawsRefund claim - burden of the draw charges had been passed on to a third party or the ultimate consumer or not - HELD THAT:- The Court came to a view that it would not be correct to decide the issues raised in writ jurisdiction. Neither the Organising States nor the distributor/selling agents were made parties. The claim for refund was being made by the sole stockist of the distributor/selling agents. The sole stockist of the distributor/selling agents would have, under the scheme of the Act and Rules, no hand in the pricing structure of the cost of the lottery tickets. The learned Court was also of the 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.
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