MAHAMAD ISSAQUE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a Plaintiff 's First Appeal against the judgment and decree of Sri M.N. Mukherji, Subordinate Judge of Dhenkanal, dated 27th June 1955, arising out of a suit mainly with a prayer for a declaration that the Defendant is not entitled to realise the amount covered by the certificates issued by the Certificate Officer, Dhenkanal, on the basis of the certificates dated 7th and 21st December 1950 (Exts. 6 and 9 respectively). The Plaintiff had further prayed for the refund of the amount deposited by him voluntarily, the amount being Rs. 4937/8/ -. The Plaintiff 's suit arises in the following circumstances:

(2.) HAD the Government Defendant right to grant licence on 23.3.1950 in respect of hides and bones in the ex -State area of Dhenkanal in favour of the Plaintiff? Does the said licence infringe in any way the Fundamental rights guaranteed by Articles 13, 19 and 31 of the Constitution of India?