( 1 ) THIS application under article 226 of the Constitution by a partnership firm, engaged in the business of manufacture and sale of Bidis, and one of the partners of the firm is for the issue of a direction restraining the respondents from giving effect to the instructions issued by the Divisional Forest Officer, Sagar Division, on 4th June 1965 and 12th October 1965 with regard to the movement of Tendu leaves. The petitioners also pray that the respondents be prohibited from imposing any restrictions on the transport of Tendu leaves for the purpose of storing and using them in the manufacture of Bidis.

( 2 ) THE matter arises thus. In 1964 the Madhya Pradesh Tendu Patta (Vyapar viniyaman) Adhiniyam, 1964, (hereinafter referred to as the Act) was enacted "for regulating in the public interest in the trade of Tendu Leaves by creation of State monopoly in such trade". Section 1 (3) of the Act provides that it shall come into force in such area or areas and on such date or dates as the State Government may, by notification, specify. The area specified in the notification under Section 1 (3) has been defined as "specified area" by Section 2 (h ). Section 3 lays down tha