K.RAMASWAMY, K.S.PARIPOORNAN
Sushila Saw Mill – Appellant
Versus
State Of Orissa – Respondent
ORDER
This special leave petition arises from the order of the Division Bench of Orissa High Court dated March 16, 1995, in Civil Writ Petition No. 1545 of 1995. The petition has established a Saw mill in the year 1980, in Keonjhar District of Orissa State. The notice under S.4(1) of Orissa Saw Mills & Saw Pits (Control) Act 1991, (for short the Act) was issued to the petitioner to close down its operations with immediate effect. Challenging the validity of S.4(1) of the Act and the notice, he filed the writ petition contending that it violates his fundamental right to carry on trade and business and also created invidious discrimination to the Saw Mills/Saw Pits situated in that district vis-a-vis other districts. It was also contended that the act did not create any total ban but gave discretion to the licensing authority to grant or refuse the renewal of licence. Without considering their application for renewal, direction to close down the mill is arbitrary. The Division Bench negatived both the contentions relying upon its Full Bench judgment in Lakshmi Narayan Saw Mills v. State of Orisss, (1995) 1 Orissa LR 1 (FB). The petitioner placed reliance on a Division Bench judgment
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