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1984 Supreme(Guj) 49

P.SUBRAMONIAN POTI, S.B.MAJMUDAR
KAKOSHI VIBHAG BUFFALO SALVAGE COMMISSION AGENT – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.S.NANAVATI, R.M.VIN

S. B. MAJMUDAR, J.

( 1 ) THREE present special civil applications project the question of constitutional validity of the provisions of clause 3 (2) and clause 4 of the Gujarat Milch and Draught Cattle (Control of Movement) Order 1983 (hereinafter referred to as the Movement Order ). In one of the petitions the question of vires of sec. 4 (1) (b) of the Bombay Essential Commodities and Cattle (Control)Act 1958 (hereinafter referred to as the Control Act) as inserted pursuant to the Gujarat Ordinance No. 8 of 1983 is also on the anvil.

( 2 ) BEFORE we advert to the real nature of the controversy between the parties it would be necessary to note at the outset a few relevant facts that have led to the present proceedings.

( 3 ) I Introductory facts :- The petitioners in special civil application No. 4200 of 1983 and special civil application No. 4112 of 1983 are registered Associations and their respective Presidents who are running salvage farms in different parts of Mehsana and Banaskantha districts while the petitioner in special civil application No. 4217 of 1983 is an individual who is owning and possessing agricultural farm at village Panasar in Sidhpur taluka of Mehsana district.



























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