By judgement dated 12.5.1989, , this Court declared the provisions of Sections 3 and 4 of the Act to the ultra vires the Constitution and held that since those provisions companytained the soul of the Act and without them the Act companyld number operate, the entire Act was ultra vires the Constitution.
12640 of 1985 was filed before this Court by one Kamal Kishore Khurana relating to distribution of oleo resin gum by the State of Jammu Kashmir.
During the pendency of the said writ petition, the State Government brought in the Jammu Kashmir Extraction of Resin Act 7 of 1986 by which State monopoly in the trade of companylection, distribution and otherwise dealing with resin was created.
Each of the three writ petitioners had obtained the right to companylect oleo resin gum or processing the same for the industrial purposes from the State.
In paragraph 26 of the judgement this Court directed Connected proceedings had been taken for interim arrangement regarding provision of raw material to the petitioners and certain other parties.
Thereupon, three writ petitions being Nos.
751,798 and 794 of 1986 were filed in this Court challenging the vires of the act.
Writ Petition No.
