NEW BIHAR BIRI LEAVES CO NATHALAL DOSHI AMRITAMOY GHATAK ALIAS GHATA HARSHAD KUMAR NATWARLAL DALAL SHANKAR PRASAD BHAGAT Vs. STATE OF BIHAR:STATE OF WEST BENGAL:STATE OF BIHAR

JUDGEMENT

(1.) The common question that has been seriously pressed into argument in this batch of writ petitions and criminal appeal mentioned in the title, relates to the constitutional validity of certain Rules framed by the State of Bihar under the Bihar Kendu Leaves (Control of Trade) Act, 1973 (hereinafter referred to as the 'Act') particularly clause 13, clause 4 (bb) of the Tender Notice and of the Statutory Agreement notified by the Bihar Government in the Bihar Government Gazette, and the notices of demand issued under the impugned provisions demanding "royalty" from the petitioners in respect of the undelivered quantity of Kendu leaves.

(2.) All these writ petitions will be disposed of by this common judgment. The basic question being common, it will suffice to state the facts giving rise to Writ Petitions 2222 to 2252 of 1977, filed by the New Bihar Biri Leaves Co.

(3.) The petitioners in all these writ petitions are either firms or individuals carrying on trade in Kendu leaves in the State of Bihar. However, petitioner No. 31 is an association of traders in Kendu leaves, of which the other petitioners are members.