UTKAL CONTRACTORS & JOINERY (P) LTD. & ORS. versus STATE OF ORISSA

UTKAL CONTRACTORS & JOINERY (P) LTD. & ORS. versus STATE OF ORISSA

The Orissa Forest Produce (Control of Trade) (Amendment and Validation) Ordinance, 1987 is validly promulgated and retroactively covers specified forest produce (including sal seeds) grown in Government forests; contracting parties’ rights to collect sal seeds stand rescinded by virtue of statutory amendments and validated notification, and petitioners cannot challenge the Ordinance or allege encroachment on judicial power as the legislature acted within its constitutional powers.

Parties
Petitioner: UTKAL CONTRACTORS & JOINERY (P) LTD. & ORS.; Respondent: STATE OF ORISSA
Jurisdiction
India
Judgment Date
24 September 1987
Procedural Posture
Writ Petition / Final Judgment
Outcome
petitions dismissed
Legal Topics
State Monopoly, Retrospective Legislation, Judicial Power, Statutory Interpretation, Validation Ordinance
Constitutional Law Administrative Law State Monopoly Retrospective Legislation Judicial Power Statutory Interpretation Validation Ordinance

Case Brief

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Parties

UTKAL CONTRACTORS & JOINERY (P) LTD. & ORS.

Petitioner

STATE OF ORISSA

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Validity of Orissa Forest Produce (Control of Trade) (Amendment and Validation) Ordinance, 1987
  2. 2 Encroachment on judicial power by validating legislation
  3. 3 Retrospective application of state legislation

Ratio Decidendi

The Orissa Forest Produce (Control of Trade) (Amendment and Validation) Ordinance, 1987 is validly promulgated and retroactively covers specified forest produce (including sal seeds) grown in Government forests; contracting parties’ rights to collect sal seeds stand rescinded by virtue of statutory amendments and validated notification, and petitioners cannot challenge the Ordinance or allege encroachment on judicial power as the legislature acted within its constitutional powers.

Court Disposition

petitions dismissed

Orders

  • No order as to costs.