RASBIHARI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a group of five writ petitions filed under Article 226 of the Constitution seeking to challenge the action of the Government of Orissa in the matter of their selection of purchasers of Kendu leaves by advance purchase contract through private negotiation in the manner they purported to do in exercise of their power under Section 10 -- a provision relating to disposal of Kendu leaves --of the orissa Kendu Leaves " (Control of Trade) Act, 1961 (Orissa Act 28 of 1961) (hereinafter refened to as the Act of 1961) the object of which as its preamble shows, it to provide for control and regulation of trade in Kendu leaves by the creation of State monopoly in such trade

(2.) THE main grounds on which the petitioners seek to challenge the action of the state Government are that they are mala fide arbitrary, discriminatory, unconstitutional and violative of Article 14 of the Constitution Though the facts in all these petitions are not exactly the same, the points raised in them are common; so it will be sufficient if we mention the facts in O. J. C. 49 of 1968 and deal with that petition on merits. Our decision on that petition, mainly on the points of law without going into the disputed question of facts and figures with their alleged political aspects and implications, as not necessary for the purpose of deciding the points of law, will naturally govern the other writ petitions in this group.

(3.) IN Orissa the legislative background in respect of Kendu leaves is this: In 1949 the Government of Orissa passed an order in exercise of the powers conferred on them by Sub-section (1) of Section 3 of the Orissa Essential Articles Control and requisition (Temporary Powers) Act, 1947 (Orissa Act 1 of 1947 ). This Order was called the Orisss Kendu Leaves (Control and Distribution) Order, 1949. The broad scheme of this order was to divide the area of the State into units and issue licenses to person' who were entitled to trade in Kendu leaves This order was followed by the Orissa Kendu Leaves Control Order, 1960 passed under the said provision of Act 1 of 1947 The present Act of 1961 was passed with the object of creating State monopoly in trade in Kendu leaves.