AHMED Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for the issue of an appropriate Writ directing tile Government of Orissa to forbear from enforcing the provisions of the Orissa Hides, Skins, Horns and Bones Control and Distribution Order, 1951 and for a declaration that the said Order and the Notifications issued thereunder are ultra vires. Petitioner 1 is a merchant at Khariar Road dealing in hides, skins horns & bones. These are collected from the adjoining areas in the State of Madhya Pradesh and also from the Nawapara Subdivision of Kalahandi district. The petitioner exports these articles outside the State and has got a large establishment to attend to the business. Petitioners 2 and 3 are his authorized agents who are in charge of the business.

(2.) The State of Orissa took over a Tannery formerly owned by the Ruler of Bolangir and have been running it in partnership with one Yahid of Madras. On 911- 1954 the petitioner wanted to export 34 maunds of hides from Khariar Road to Raipur in the State of Madhya Pradesh and it is alleged that opposite party 2 (Director of Industries,' Orissa) directed the Station Master, Khariar Road, not to accept consignments of hides, etc., for transport. It is contended that this direction of the State Government constituted an infringement of the fundamental right of the petitioners and is void.

(3.) The Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act (Orissa Act 12 of 1951) under which the impugned Order was passed, was enacted with a view to control certain essential articles specified in the Schedule to the Act. This Act was passed on 5-2-1951 and was to expire on 1-1-1953, under Section 1 (4) of the Act. On 5-12-1952, Orissa Act, 23 of 1952 entitled "The Orissa Essential Articles Control and Requisitioning (Temporary Powers) Amendment Act, 1952" was published in the extraordinary issue of the Orissa Gazette, whereby for the words and figures "1st day of January 1953" in the present Act, the words and figures "26th day of January 1955" were substituted. The life of the parent Act was thus extended by two more years and the impugned Order known as the Orissa Hides, Skins, Horns and Bones Control and Distribution Order, 1951, was extended to Khariar Sub-division by a Notification of the Industries Department dated 5-7-1954, and later by an amended Notification dated 24-7-1954, its application was extended to Nawapara where the petitioners were carrying on business.