( 1 ) THIS order will also govern the disposal of Miscellaneous Petition No. 82 of 1966.

( 2 ) THESE are two petitions under Article 226 of the Constitution by growers of tendu leaves challenging the validity of Section 5 of the Madhya Pradesh Tendu patta (Vyapar Viniya-man) Adhiniyam. 1964, (hereinafter referred to as the Act ). In Miscellaneous Petition No. 161 of 1965 the petitioner. Lal Ragho Shah, has also questioned the validity of Sections 9, 10 and 18 of the Act. The petitioners pray that the provisions, the validity of which they challenge, be declared to be invalid and the opponent State be restrained from enforcing them.

( 3 ) THE Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964, is a legislation enacted "for regulating in the public interest the trade of Tendu Leaves by creation of State monopoly in such trade". Section 5 (1) of the Act provides that on the issue of a notification under Sub-section (8) of Section 1 bringing the Act into force in any area, no person, other than the State Government or an officer of the State Government authorised in writing in that behalf or an agent in respect of the unit in which the leaves have grown, shall p