05.05.2017 Notice against opposite party No.5 is sufficient as A.D. returned after service of no
tice upon opposite party No.5.
2. Heard Mr. R.P. Kar, learned counsel for the petitioner and Mr. S.K. Pattnaik, learned
Senior Advocate for opposite party No.4.
3. Mr. Kar, learned counsel for the petitioner submits that the prayer for challenging th
e Government Notification No.21588, dtd.25.11.88 so far as inclusion of Kendu Leaves as an Agr
iculture Produce as illegal is not pressed for which the same is not considered and in the wr
it petition he prays for adjudication of other reliefs as claimed by the petitioner. According
to him, the petitioner is a manufacturer of Bidi which is prepared from Kendu Leaves and used
to lift the Kendu Leaves from Dabugaon (KL) Range under Nawarangpur (Forest KL) Division.
4. He further submits that the petitioner used to carry the Kendu Leaves after lifting sa
me from Dabugaon godown through the RMC, Kesinga-opposite party No.5 but opposite party No.5 h
as levied and collected the market fee from the petitioner. The petitioner used to purchase th
e Kendu Leaves from opposite party No.4 by an auction sale at Bhubaneswar which is outside the
market area of opposite party No.5-RMC.
5. Mr. Kar, learned counsel for the petitioner further submits that the present case is c
overed by the judgment of this Court in OJC No.15285 of 2001 (Sriniwas Trading Company -V- Sta
te & others) and also the judgment of
