Krupasindhu Muduli vs State Of Odisha And Others
2023 Latest Caselaw 8295 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.16100 of 2019

Krupasindhu Muduli                    .....                              Petitioner
                                                         Mr. D. Mishra, Advocate
                                      Vs.
State of Odisha and others            .....                        Opposite Parties
                                                          Mr. P.P. Mohanty, AGA

             CORAM:
                 DR. JUSTICE B.R. SARANGI
                 MR. JUSTICE MURAHARI SRI RAMAN

                                             ORDER

31.07.2023 Order No. This matter is taken up through hybrid mode.

2. Heard Mr. D. Mishra, learned counsel appearing for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties.

3. The petitioner has filed this writ petition seeking to quash Annexures-1, 3 and 7, by which Inter-State Trade of sand has been restricted by the opposite parties.

4. Mr. D. Mishra, learned counsel appearing for the petitioner contended that the case of the petitioner is covered by the ratio decided by the apex Court in State of Gujarat and others v. Jayeshbhai Kanjibhai Kalathiya and others, (2019) 16 SCC 513. It is further contended that the apex Court in the aforesaid judgment held that the restriction of inter-State movement of sand cannot be sustained.

5. Earlier the matter was listed on 26.07.2022 and learned State Counsel was called upon to obtain instructions in the matter. Learned Additional Government Advocate appearing for the State-opposite parties, on having received instructions, does not dispute the contention raised by learned counsel for the petitioner.

6. In view of the above, this Court disposes of this writ petition in terms of the judgment of the apex Court in Jayeshbhai Kanjibhai Kalathiya (supra). As a consequence thereof, the restrictions imposed by the State Government in Annexures-1, 3 & 7 cannot be sustained in the eye of law. Accordingly, the same are liable to be quashed and are hereby quashed.

                                                                     (DR. B.R. SARANGI)
                                                                           JUDGE


                                                                        (M.S. RAMAN)
                 Alok                                                      JUDGE




Signature Not Verified
Digitally Signed
Signed by: ALOK RANJAN SETHY
Designation: Secretary
Reason: Authentication
Location: Orissa High Court
Date: 01-Aug-2023 14:11:05