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1971 Supreme(SC) 71

G. K. MITTER, A. N. RAY, A. N. GROVER, K. S. HEGDE, J. C. SHAH
Trilochan Mishra – Appellant
Versus
State Of Orissa – Respondent


Judgment

MITTER, J.: - The petitioners in all these petitions under Article 32 of the Constitution pray for a declaration that Sections 3 (2) (a), 8 (1) and Rule 5-B (6), (7), (8) (9) and (16) and Rule 6 (3) and Rule 7 (l) of the Orissa Kendu Leaves (Control of Trade) Act, 1961 as amended and the rules framed thereunder are violative of the fundamental rights of the petitioners guaranteed under Articles 14, 15 and 19 (1) of the Constitution, for a declaration that the "revised policy" as enjoined by the said Orissa Kendu Leaves (Control of Trade) Amendment Act, 1969 and rules framed is arbitrary, discriminatory and male fide and for a writ or direction in the nature of a mandamus quashing the appointment of respondents 2 to 108 as purchasers.

2. To appreciate the grievances of the petitioners it is necessary to note in brief how the trade in Kendu leaves has been taken over by the State of Orissa by successive legislation and two decisions of this Court bearing thereupon. Kendu leaves appear to have formed a lucrative source of revenue for the State of Orissa for many years past. After the merger of the Indian States with the Province of Orissa the Government of Orissa passed an orde














































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