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january 1969

Supreme Court of India · 1969-01-16

RASHBIHARI PANDA ETC. vs STATE OF ORISSA

Citation / case number
SC 1968/60136
Court
Supreme Court of India
Petitioner
RASHBIHARI PANDA ETC.
Respondent
STATE OF ORISSA
Author
HIDAYATULLAH, M. (),SHAHC.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.
Bench
HIDAYATULLAH, M. (CJ),SHAH, J.C.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.

Judgment text excerpt

The Supreme Court examined the constitutionality of Sections 3 and 4 of the Orissa Kendu Leaves (Control of Trade) Act, 1961, which restricted the purchase and transport of Kendu leaves to the Government and its agents. The Court held that while the State's monopoly was valid under Article 19(6)(ii), the implementation was flawed as the agents were not acting on behalf of the Government, thus infringing the growers' rights under Articles 14 and 19(1)(f) and (g). The Court ruled that the scheme inviting tenders was discriminatory and upheld the challenge against the restrictive provisions of the Act.

RASHBIHARI PANDA ETC. vs STATE OF ORISSA · Niyam