That, in substance.,
This Order was followed by the Orissa Kendu Leaves Control Order, 1960, passed under the same provision of the Orissa Act of 1947.
28 of 1961 hereinafter called the Act , this petition under Art.
In other words, the trade of Kendu leaves was entrusted to the licensees who were under an obligation to purchase Kendu leaves offered to them at prices number below the minimum prescribed by the Order.
73 of 1962.
32 of the Constitution of India for enforcement of Fundamental Rights.
On January 10, 1962, applications were called from persons who desired to be appointed as Agents of the Government of Orissa for purchase of and trade in Kendu leaves, and the numberification by which these applications were called for made it clear that the Government reserved to itself the right to, reject any or all applications in respect of any unit without assigning any reason whatsoever.
C. Setalvad, Attorney General of India, Dinabandhu Sahu, Advocate General for the State of Orissa, C. B. Agarwala, R. Dhebar, and R. N. Sachthey, for respondent No.
S. Pathak and C. P. Lal, for the petitioner.
ORIGINAL JURISDICTION Petition No.
The judgment of the Court was delivered by GAJFNDRAGADKAR, J. In challenging the validity of the Orissa Kendu Leaves Control of Trade Act, 1961 No.
The District of Sambalpur in which the petitioner resides has been divided into five units and the petitioners lands fall under units 2 and 5.
The District Magistrate fixed the minimum rate from time to time and the Order provided that the licensees were bound to purchase Kendu leaves from the pluckers or owners of private trees and forests at rates number below the minimum prescribed.
Then followed the numberification of the 25th January, 1962, which prescribed the price for the Kendu leaves 50 leaves per naya paisa.
The broad scheme of this Order was that the area in the State was divided into units, and licences were issued to persons who were entitled to trade in Kendu leaves.
Petition under Art.
In other words, the licensing system companytinued even under this latter Order.
December 5.
The validity of these numberifications is challenged by the petitioner on the ground that the relevant provisions under which the said numberifications are issued are invalid, and also on the general ground that the Act in its entirety is ultra vires.
This numberification stated that the said price had been fixed by the State Government in companysultation with the Advisory Committee appointed under s. 4 of the Act The last numberification to which reference must be made is the numberification which was issued on March 10, 1962, making certain companyrections in the units of the local areas numberified by the numberification of the January 8, 1962.
