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1998 Supreme(Ori) 75

R.K.DASH, R.K.PATRA
FEDERATION OF BIDI, BIDI LEAVES AND TOBACCO MERCHANTS – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.MOHANTY, ASHOK PARIJA, B.K.SHARMA, G.RATH, INDRAJIT MOHANTY, P.P.MOHANTY, S.K.PATNAIK, S.P.SARANGI

R. K. PATRA, J.

( 1 ) FACTS are few, the grounds of attack are limited but arguments in this application under Articles 226 and 227 of the Constitution of India have encompassed larger issues centering around the validity and propriety of the policy decision of the Government in the matter of disposal of its property and the extent of judicial review on such decision. The petitioner being felt aggrieved by the decision of the Orissa Forest Development Corporation Limited in inviting sealed tenders as per the notice dated 24-12-1997 (Annexure 4) for purchase of processed and phal Kendu-leaf bags has prayed for a declaration that the same is unlawful and unconstitutional and claimed that the Kendu leaves should be directed to be sold in public auction as per the previous scheduled programme.

( 2 ) THE petitioner claims to be a Federation comprising of more than 25 members who deal in purchase and sale of Bidi, Bidi leaves and Tobacco as manufacturers and traders. Its case is that since after nationalisation of trade in processed Kendu leaves in 1972, the Orissa Forest Development Corporation Limited, a Government of Orissa Undertaking (hereinafter referred to as the 'forest Corpora
















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