Judgment

GAJENDRAGADKAR, J. : In challenging the validity of the Orissa Kendu Leaves (Control of Trade) Act, 1961 (No. 28 of 1961) (hereinafter called the Act), this petition under Art. 32 of the Constitution raises an important question about the scope and effect of the provisions of Art. 19 (6). The petitioner Akadasi Padhan owns about 130 acres of land in village Bettagada, Sub-division Rairakhol in the District of Sambalpur, and in about 80 acres of the said land he grows Kendu leaves. Kendu leaves are used in the manufacture of Bidis, and so prior to 1961, the petitioner used to carry on extensive trade in the sale of Kendu leaves by transporting them to various places in and outside the District of Sambalpur. But since the Act was passed in 1961 and it came into force on January 3, 1962, the State has acquired a monopoly in the trade of Kendu leaves, and that has put severe restrictions on the fundamental rights of the petitioner under Art. 19 (1) (f) and (g). That in substance, is the basis of the present petition.

2. The petition alleges that, in substance, the Act creates a monopoly in favour of certain individuals described as Agents by the relevant provisions of the Act, a