The Supreme Court judgment rendered in State of Orissa v. Titaghur Paper Mills & Co. Ltd., AIR 1985 SC 1293 : (1985) 60 STC 213 is remarkable for two reasons, firstly for its enormity in length and secondly for holding the bamboo agreement, a profit a prendre overruling its earlier decision (State of Madhya Pradesh v. Orient Paper Mills Ltd., (AIR 1977 SC 687 : 40 STC 603) holding the royalty to be sale price. It is not necessary to discuss in detail the case Laws discussed by the Supreme Court in the aforesaid judgment for deciding the bamboo agreement as profit a prendre. The Supreme Court while construing the bamboo agreement has overlooked one important provision regarding assignability of the forest contract. Admittedly the bamboo agreement is subject to Orissa Forest Contract Rules. Rule 44 of the aforesaid Rules is about assignability of forest contract and the aforesaid Rule is to the following effect: "All forest produce removed from a contract area ....