NARASIMHAM, C. J.

( 1 ) THIS is an application under Article 226 of the Constitution by an Excise contractor residing in Bolarigir district challenging the validity of the Orissa Timber and Forest Produce Transit Rules, 1958 (hereinafter referred to as the Rules)requiring a permit from the authorised forest officials for transit of mahua flowers and other forest produce even though they have been collected from the lands of private parties and not from lands or forests belonging to Government. The divisional Forest Officer, Bolangir Division, made it absolutely clear that Mahua flowers collected from trees standing on the lands of the tenants may be sold by them to anyone they liked and that there was no control over the sale of such flowers. But he pointed out that the transit of such flowers cannot be made without, a permit under the Rules and that the permit would be issued free of costs on a proper application by a Forest Officer. The petitioner however felt aggrieved by the said rules and the main contentions on his behalf by Mr. Das are as follows:

(i) A careful scrutiny of the various provisions of the Indian Forest Act would show that the provisions of the Act dealing with