NAHASIMHAM, J.

( 1 ) THIS petition is for revising an order under Section 144, Cr. P. C. , passed by the Sub-Divisional Magistrate of Nawapara on 29-4-1950, restraining the general public from purchasing or exporting Kendu leaves from Nawapara thana and exempting one Ramji Purushottam alone from the operation of the said order. No ad interim order appears to have been passed and the affected parties were not given an opportunity of making their submissions before the magistrate prior to his making the order absolute. He acted on the report of the police to the effect that Ramji Purushottam was the contractor for the purchase of Kendu leaves in Khariar estate and that there was a likelihood of serious breach of the peace if other persons were permitted to purchase the said leaves in that estate. It further appears from the police report that the zamindar of khariar was claiming the exclusive right to sell Kendu leaves even of those trees which grow on the tenants' holdings though this right was being recently taturam Sahu vs. The State of Orissa (21. 08. 1950 -ORIHC) Page 2 of 4 (21. 08. 1950 -ORIHC) Page 2 of 4 challenged by some of the tenants. Thus though the order may at first