MAA DAKSHINAKALI ANIMAL FEEDS Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this writ application for a declaration that the decision of the Government as conveyed by Annexure-A / 3 prohibiting setting up of dairy plants, cattle feeds plants, chilling plants excepting by the Orissa State Co-operative Milk Producers Federation was ultra vires Art. 19(1)(g) of the Constitution of India and for grant of a mandamus directing opposite parties 1, 2 and 5 for issue of licence.

(2.) With a view to setting up of an industry for the purpose of manufacturing animal feeds, the petitioner after registering herself with the District Industries Centre; Puri, obtained sanction of a loan from the Orissa State Financial Corporation, for the infrastructure machinery and entered into an agreement with the Orissa State Electricity Board for supply of electricity. She made an application to the Project Manager, District Industries Centre, Bhubaneswar, for grant of a licence who, as per Annexure-1 recommended her case to the Director of Veterinary and Animal Husbandry, Orissa, for grant of licence under the provisions of the Orissa Cattle and Poultry Feed (Regulation) Act, 1979. She was informed by the Director (O.P. 3) vide Annexure-2 dated 8-2-90 that in view of the restriction imposed by the Government, her case for grant of licence could not be considered so long as the restriction imposed by the Government was in force. The petitioner was assailed the said decision of the Government in this writ application.

(3.) Counter-affidavit has been filed on behalf of the State by opposite party No. 3. He has relied upon the decision of the Government as conveyed to him as per Annexure-A / 3 directing that no agency except the Orissa Co-operative Milk Producers Federation would be granted licence for setting up of dairy plant, cattle feed plant, chilling plant etc. in the operation flood-II area which includes the districts of Cuttack, Puri, Dhenkanal and Keonjhar. By Annexure-B / 3 the Director was intimated that grant of new licences for cattle feed in the aforesaid areas was totally prohibited unless it was in favour of the OMFED / OAIC or Utkal Gomangal Samities. The State Government has not filed any return justifying the decision.