Court disposed of a writ petition challenging the repromulgation of the Odisha Agricultural Produce Markets Act, 1956, noting that the lapse of the repealing Ordinance automatically revived the original Act.
Writ petition stands disposed of; no further orders necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 18512 of 2022
Sanatan Nayak ….. Petitioner Mr. S. Sharma, Adv.
Vs.
….. Government of Odisha & Others Opp. Parties Mr. D. Nayak, A.G.A. (for O.P. Nos. 1, 2, 3 and 6) Mr. P.C. Panda, Adv. (for O.P. Nos. 4 and 5)
CORAM:
JUSTICE S.TALAPATRA JUSTICE SAVITRI RATHO
ORDER 12.05.2023
Order No.
Page 1 of 4
entire text is reproduced hereunder:
“ Government of Odisha
Cooperation Department
******
No. II-Legal - 14/2020 2296/Coop, Date. 06.10.2022
From
Shri Sudarsan Sethi, OAS (SAG),
Additional Secretary to Government
To,
The Director,
Agricultural Marketing, Odisha, Bhubaneswar
The General Manager, OSAM Board,
Bhubaneswar.
Page 2 of 4
Sir,
In inviting a reference to the above noted subject, I am directed to say that the matter was referred to the Law Department regarding revival of the Odisha Agricultural Produce Markets Act, 1956 after the lapse of the Odisha Agricultural Produce and Livestock (Promotion and Facilitation) Ordinance, 2020 which repealed the Odisha Agricultural Produce Market Act, 1956.
Now, the Law Department is of the opinion that ‘lapse of the Odisha Agricultural Produce and Livestock (Promotion and Facilitation) Ordinance, 2020 shall ordinarily revive the OAPM Act, 1956’. The Ld. Advocate General, Odisha has also opined that since the Odisha Agricultural Produce Markets Act, 1956 was repealed by the Odisha Agricultural Produce and Livestock (Promotion and Facilitation) Ordinance, 2020 upon expiration of the said Ordinance the repealed Act i.e. the Odisha Agricultural Produce Markets Act, 1956 stood automatically revived.
This is for your kind information.
Yours Faithfully
Additional Secretary to Government ”
It is apparent from the penultimate passage of the said
communication that the Odisha Agricultural Produce Markets Act, 1956 was repealed by the Odisha Agricultural Produce and
Page 3 of 4
Sukanta
Livestock (Promotion and Facilitation) Ordinance, 2020. After
expiration of the said ordinance the repealed Act i.e. the Odisha Agricultural Produce Markets Act, 1956 has been revived automatically.
(S.Talapatra)
Judge
(Savitri Ratho)
Judge
Page 4 of 4
1 issue framed by the court
Whether a writ petition challenging the repromulgation of a repealed Act after the lapse of the repealing Ordinance requires adjudication.
2 provisions across 2 enactments
Sanatan Nayak
Government of Odisha
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
