Orissa Court March 1961 Judgments

Dandapani Patnaik and anr. Vs. State of Orissa

Court: Orissa

Reported in: AIR1962Ori17

Narasimham, C. J.1. In this application under Art. 226 of the Constitution the validity of the notification of the Government of Orissa in the Health (L. S. G.) Department No. 3223 L. S. G. dated the 6th May, 1960 issued in exercise of the powers conferred by Clauses (a) and (c) of Section 417B of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) is under challenge. 2. The Orissa Municipal Act, 19,50 consolidated and amended the laws relating to Municipalities in the different parts of Orissa and came into force on the 11th November 1950. Prior to that date the law in force relating to Municipalities in Orissa was the Bihar and Orissa Municipal Act, 1922. In that Act there were distinct provisions (sections 388, 389 and 390 of Chapter XIV) dealing with, the Municipal administration of small areas known as 'notified areas'. Section 389 of that Act empowered the State Government to apply or adapt to a notified area any of the provisions of the Bihar and Orissa Municipal Act and to a...