LAKSHMAN AND ORS. versus STATE OF MADHYA PRADESH

LAKSHMAN AND ORS. versus STATE OF MADHYA PRADESH

There is no rational basis for discriminating between owners of cattle of Madhya Pradesh and those of other States by levying higher grazing rates, restricting transit periods to 45 days, or prescribing penal charges. Such discrimination violates Articles 14 and 19, and is unconstitutional.

Parties
Petitioner: Lakshman and Ors.; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
06 May 1983
Procedural Posture
Writ Petition Under Article 32 / Supreme Court Judgment
Outcome
Petitions allowed
Legal Topics
Equality Under Article 14, Freedom of Movement Under Article 19(1)(e), Right to Reside and Settle Under Article 19(1)(f), Right to Occupation Under Article 19(1)(g), Inter State Discrimination, Forest Grazing Regulations
Constitutional Law Administrative Law Equality Under Article 14 Freedom of Movement Under Article 19(1)(e) Right to Reside and Settle Under Article 19(1)(f) Right to Occupation Under Article 19(1)(g) Inter State Discrimination Forest Grazing Regulations

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Parties

Lakshman and Ors.

Petitioner

State of Madhya Pradesh

Respondent

Procedural Posture

Writ Petition Under Article 32 / Supreme Court Judgment

Legal Issues

  1. 1 Whether the State Government can discriminate between owners of cattle belonging to its own State and owners from other States by levying higher grazing charges, restricting transit routes, and imposing a ceiling period for transit
  2. 2 Whether such discrimination violates fundamental rights under Articles 14, 19(1)(e), 19(1)(f), 19(1)(g) and Article 301

Ratio Decidendi

There is no rational basis for discriminating between owners of cattle of Madhya Pradesh and those of other States by levying higher grazing rates, restricting transit periods to 45 days, or prescribing penal charges. Such discrimination violates Articles 14 and 19, and is unconstitutional.

Court Disposition

Petitions allowed

Orders

  • Levy of higher grazing rates for cattle belonging to persons of other States quashed
  • Respondents directed to levy same rates as for residents of Madhya Pradesh