M/S. P. Z. Skill Games (Opc) Pvt. Ltd vs The State Of Maharashtra Thru ...
2024 Latest Caselaw 202 Bom

Bombay High Court

M/S. P. Z. Skill Games (Opc) Pvt. Ltd vs The State Of Maharashtra Thru ... on 4 January, 2024

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

2024:BHC-AS:553-DB
                                                                            28.WP13138_2023.DOC


   Vidya Amin

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 13138 OF 2023

                     M/s. P.Z. Skill Games (OPC) Pvt. Ltd.                 ... Petitioner

                                      Versus
                     The State of Maharashtra, through its Secretary, Home ...Respondent
                     Department
                     Mr. Vijay R. Garad for the petitioner.
                     Mr. Sachin H. Kankal, AGP for the State.
                                          _______________________
                                       CORAM:          G. S. KULKARNI &
                                                       FIRDOSH P. POONIWALLA, JJ.

                                       DATED:          4 January, 2024
                                           _______________________
                     P.C.

1. We have heard learned counsel for the petitioner and learned AGP for

the State.

2. In the first session, learned counsel for the petitioner had drawn our

attention to the impugned order dated 5 August, 2021 which merely informs

the petitioner that the application of the petitioner for conducting online

games shall be decided after the decision of the Supreme Court in the case of

The State of Maharashtra & Ors. vs. Gurdeep Singh Sachar & Ors. (Special

Leave Petition (Criminal) Diary No(s). 42282/2019.

3. As informed by Mr. Kankal, learned AGP by an order dated 6 March,

2020, the Supreme Court has stayed the judgment of this Court delivered on

4 January, 2024

28.WP13138_2023.DOC

Criminal PIL No. 22 of 2019 dated 30 April, 2019 against which the State of

Maharashtra has filed the said proceedings before the Supreme Court. A copy

of the order passed by the Supreme Court is placed on record by Mr. Kankal.

4. The case of the petitioner is that the petitioner has made an applciation

to the Designated Authority for a licence to conduct online games. Such

application for licence has not been refused and the same is kept pending.

5. In our opinion, the challenge as raised by the petitioner is premature,

inasmuch as the Supreme Court is seized with the matter arising out of the

judgment of this Court, which has been stayed. The petitioner's application for

licence is not rejected and it is simplicitor kept in abeyance. We, accordingly,

dispose of this petition, with liberty to the petitioner to pursue the proceedings

either with the State Government or take recourse to the appropriate remedy as

may be available to the petitioner, after the proceedings before the Supreme

Court are decided.

6. In the event, the petitioner is required to puruse any future proceedings,

all contentions of the parties are expressly kept open.

7. Disposed of in the above terms. No costs.

                    (FIRDOSH P. POONIWALLA, J.)                            (G. S. KULKARNI , J.)


Signed by: Vidya S. Amin                            4 January, 2024
Designation: PS To Honourable Judge
Date: 06/01/2024 15:03:19