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1983 Supreme(Ori) 28

P.K.MOHANTY, R.C.PATNAIK, B.N.MISRA
LAXMI NARAYAN AGARWALLA AND – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.C.MOHANTY, A.K.SAHOO, B.MISHRA, D.K.SAHU, D.P.MOHANTY, GOVIND DAS, J.DAS, K.K.JENA, N.N.NANDA, P.N.Misra, R.K.MOHAPATRA, R.MOHANTY, S.C.MOHAPATRA, Y.S.N.MURTY

R. C. PATNAIK, J.

( 1 ) IN this batch of writ applications the petitioners challenge the vires of the Orissa Cess Act, 1962 in so far as it purported to levy cess on lands held for carrying on mining operations and seek mandamus for quashing the demands raised against them and the proceedings taken for recovery of the demands.

( 2 ) THE Orissa Cess Act, 1962 (hereinafter called 'the Cess Act') was enacted, by the Orissa State Legislature with a view to consolidating and amending the law relating to cess in the State of Orissa. It got the assent of the Governor on. 35-1962 and came into force with effect from 1-4-1963. The statement of objects and reasons indicated that the assessment and levy of cess were being made "under the various statutes and also in accordance with various local usages and customs which differ from district to district. This makes their administration difficult and gives cause for complaint by the public due to lack of uniformity. The present Bill is proposed to be enacted with the primary Objective of condensing and simplifying the existing laws on the subject by consolidating the different enactments, customs and usages having force of law in the State an


































































































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