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1975 Supreme(Ori) 40

B.K.RAY, R.N.MISRA
BIJOY KUMAR ROUTRAI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.B.MISHRA, A.K.MISRA, A.K.PATNAIK, B.Harichandan, B.M.PATNAIK, B.RAGHAVA RAO, B.S.MISHRA, C.R.MISHRA, C.S.RATH, D.P.SARANGI, L.RATH, M.R.Panda, P.K.DASH, P.N.MAHAPATRA, R.C.PATNAIK, R.MOHANTY, S.C.Misra, S.C.MOHAPATRA, S.K.Nayak, S.K.PATNAIK, S.MISRA,

R. N. MISRA, J.

( 1 ) THESE nine applications have been made under Article 226 of the Constitution challenging the vires of the Orissa Paddy Procurement (Levy) Order. 1974 made by the State Government of Orissa in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), read with the notification of the Government of India, in the Ministry of Agriculture (Department of Food) No. G. S. R.-316 (E), dated the 20th June, 1972. The petitioners have made different allegations on questions of fact, such as the quantity of land possessed, the nature of such land, the quantum of levy demanded et cetera to which we shall advert at the appropriate place. But common questions of law have been pleaded and argued by these petitioners and on behalf of the State Government, resistance has been offered to these applications on common grounds of law. These applications have been heard together. We, therefore, proceed to dispose of all these applications by a common judgment.

( 2 ) THE State Government of Orissa by notification dated 19th of November, 1974, promulgated an order called the Orissa Paddy Procurement (Levy) Order, 1974 (hereafter referred to as


































































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