Orissa Court March 1997 Judgments
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Madhabananda Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-31-1997
Reported in: AIR1998Ori1
D.M. Patnaik, J.1. Grievance of the petitioner is that although he was appointed as a Storage Agent for Tihidi Block in the district of Bhadrak for the year 1991-92 and the period of agency had been extended from time to time and it was so extended vide letter dated 31-10-1996 of the Managing Director, Civil Supplies Corporation (opposite party No. 3) and was to expire at the end of November, 1996, opposite party No. 4 by his letter dated 19-11-1996 under Annexure-3 appointed opposite party No. 6 as storage agent for Tihidi Block.2. Opposite party No. 5 has filed a counter-affidavit sworn to by the Civil Supplies Officer, Bhadrak, admitting appointment of the petitioner as Storage Agent for Tihidi Block during the year 1995-96 from December, 1995 to November, 1996, and disputing the allegations of mala fides and arbitrariness made in the writ petition. In paragraph 7 of the counter, opposite party No. 5 took the stand that the District Manager of the Corporation only communicated the s...
Govinda Chandra Panda and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-31-1997
Reported in: AIR1997Ori172; 83(1997)CLT656; 1997(I)OLR497
D.M. Patnaik, J. 1. In both the writ petitions under Articles 226 and 227 of the Constitution of India, the petitioners invoke the extraordinary jurisdiction of this Court to quash the notification dated 3-8-1996 (Annexure 1 in O.J.C. No. 10495/96) of the Co-operation Department of the Government of Orissa amending the Orissa Agricultural Produce Markets Rules, 1958 (for short, the 'Rules') being arbitrary, unreasonable, against the public policy and ultra vires of the Orissa Agricultural Produce Markets Act, 1956 (hereinafter referred to as the 'Act'). 2. The petitioner in O.J.C. No. 4064 of 1996 is a member of Sakhigopal Regulated Market Committee in the district of Puri and petitioner No. 1 in O.J.C. No. 10495 of 1996 is a life member of the Bahada Jhola Regulated Market Committee and petitioner No. 2 is an ex-member of the said market committee in the district of Nayagarh.Their case is, the above market committees have been constituted under the provisions of the Orissa Agricultura...
Damania Industries Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-28-1997
Reported in: AIR1998Ori2
P.C. Naik, J.1. The action of the Stale in accepting the tender of opposite party No. 3 for setting up theCarcass and By-products Utilisation Centre at Patha, Cutttack, is the subject-matter of this writ petition.2. The action of the State is assailed, inter alia, on the ground that it has acted unfairly by giving undue preference to opposite party No. 3 and excluding the tender of the petitioner with mala fide intention. It is further alleged that the petitioner has been discriminated against and that the authorities have acted arbitrarily, unreasonably and in utter violation of the terms and conditions laid down in the tender notice. It is also alleged that the action of the State is against public policy, as it could not be in the public interest to make payment in foreign currency, namely, Danish Kroner, in this case.3. The facts giving rise to this petition are that subsequent to the date of decision to set up a Carcass Utilisation Plant and Liquid Nitrogen Plant, a notice invitin...
Gouranga Parida and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-26-1997
Reported in: AIR1997Ori177
R.K. Patra, J. 1. By this application under Articles 226 and 227 of the Constitution of India, the petitioners, 35 in number, seek to quash the notification dated 5-12-1996 (Annexure-4) of the Council of Higher Secondary Education, Orissa, Bhubaneswar cancelling the examination of English-I Arts of the Second Higher Secondary Examination, 1996 held on 2-9-1996 in the Chitrotpala College centre, Akhua-Odang and awarding cipher in the said paper to the concerned examinees.2. Briefly stated, the petitioners' case, is thatas students of Chitrotpala College, Akhus-Odang, they appeared in the Second Higher Secondary Examination, 1996 conducted by the Council of Higher Secondary Education-opp-party No. 2 (hereinafter referred to as 'the Council'). The examination was held on 2-9-1996 onwards. The Principal of the college was appointed as the Centre Superintendent and some of the lecturers of the college were employed as invigilators. The examination was conducted peacefully without any distur...
Smt. Kamala Singh and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Mar-26-1997
Reported in: 83(1997)CLT680; 1997(I)OLR586
D.M. Patnaik, J.1. Petitioners invoke extraordinary, jurisdiction of this Court underArticles 228 and 227 of the Constitution of India to quash Annexure-8 the order dated 25-9-93 of the Additional District Magistrate (Revenue), Cuttack under Section 7-A (3) of the Orissa Government Land Settlement Act, 1982 (hereinafter referred to as the 'Act') cancelling lease in respect of land measuring two acres. 2. Petitioners are respectively the daughter and the son of Taria Bewa, since deceased. Taria Bewa was granted lease by the Tahasildar, Salipur in respect of twoacres of land under Khata No. 1347, plot No. 1218 in the year 1978 in leae case No. 152 of 1978. She possessed the land and paid rent etc. on the basis of the Stithiban Patta issued In her favour under Annexure-1. After death of Taria Bawa, petitioners being the legal heirs continued to possess the land. While they were so enjoying the land, the Additional District Magistrate, opp. party No. 2 by the impugned order dated 25-9-1993...
Umaballav Rath Vs. Maheswar Mohanty and ors.
Court: Orissa
Decided on: Mar-21-1997
Reported in: AIR1997Ori204; 1997(I)OLR472
ORDERP.K. Misra, J. 1. This is an application filed by the petitioner in the election petition seeking permission to amend the election petition. 2. The petitioner seeks to amend paragraphs 8 and 16 of the election petition by way of correcting the dates mentioned in those paragraphs. In paragraph 8 of the original election petition while referring to the orderc of the Election Commission of India, the petitioner has indicated the relevant date to be 27-1-1995 and the petitioner seeks to correct the said date by indicating that, in fact, the said order had been passed on 25-1-1995. In paragraph 16 of the original election petition it has been averred that on 11-2-1995, respondent No. 1 had organised public meeting in Puri town, wherein some speeches making personal allegations had been made which amounted to corrupt practice as defined in Section 123(4) of the Representation of the People Act. 1951 (hereinafter called the 'Act'). The petitioner by way of amendment now seeks to indicate...
Haguri Alias Hema Bewa and anr. Vs. Dhaneswar Barik and anr.
Court: Orissa
Decided on: Mar-19-1997
Reported in: 1997(I)OLR591
P.K. Misra, J.1. Defendants 1 and 3 are the appellants against a reversing decision. The suit for declaration of title, confirmation, or in the alternative, recovery of possession and permanent injunction in respect of Ac.O. 57 decimals of land from the northern side of Khata No. 56, Plot No. 49 with an area of Ac. 4. 141 decimals of land was dismissed by the trial Court.In appeal, the suit was decreed by the lower appellate Court.2. It is not disputed that Laxmidhar Mohanty, the deceased husband of defendant. No. 1 and Bira Mohanty, the deceased father of defendant No. 2, being two brothers were jointly recorded as Sthitiban raiyats in respect ofAc. O. 36 decimals of land in Khata No. 55. It is the further admitted case of both the parties that in an amicable partition, the northern portion of Ac. 4.14 decimals of land was allotted to Laxmidhar and the balance was allotted to allotted to Bira and after the death ofLaxmidhar, defendant No. 1 inherited the northern portion including the...
Bhagirathi Das Vs. State of Orissa
Court: Orissa
Decided on: Mar-18-1997
Reported in: 1997(II)OLR32
C.R. Pal, J.1. This is a petition Under Section 439, Sub-section (2), of Cr.P.C., 1973 wherein the petitioner has prayed for cancellation of bail granted to opposite party Nos. 2 and 3 by the learned Sub-Divisional Judicial Magistrate, Puri by his order dated 13.9.1995 passed in G.R. Case No. 1205 of 1995 arising out of Pipili P.S. Case No. 152 of 1995.2. The facts which gave rise to this petition are stated in brief as under :On the information lodged by the present petitioner, Pipili P.S. Case No. 152 of 1995 was registered against the opposite party Nos. 2 and 3 for the alleged offences Under Sections 341, 324, 294 and 506, I.P.C. on the allegation that the opposite party Nos. 2 and 3 abused, threatened and assaulted the petitioner and his father while they were ploughing their land. Opposite party Nos. 2 and 3 were arrested and forwarded to Court on 12.9.1995 and were released on bail by the learned S.D.J.M. by his order dated 13.9.1995 with the condition that they shall maintain p...
Anita Agrawala Vs. Santosh Kumar Mohanty
Court: Orissa
Decided on: Mar-17-1997
Reported in: II(1997)DMC127
D.M. Patnaik, J.1. This revision is disposed of at the admission stage. The short question for decision is, whether the Judge, Family Court, Cuttack was correct in directing a reconciliation between the husband and the wife inspite of the written objection of the wife to the same.2. It is not disputed that the petitioner and the opposite party had a registration marriage on 31.8.1995. While it is the case of the wife that such a marriage was solemnised on false representation/fraud practised on her by the opposite party, it is the case of the opposite party that the marriage is a valid one and there was no question of fraud or misrepresentation as alleged by the petitioner. Wife's further case is, when the matter before the Family Court was ripe for hearing, the opposite party filed a petition on 20.6.1996 for a reconciliation and this being allowed by the Court inspite of her objection, the order is illegal.3. Mr. Palit, learned Counsel for the petitioner strenuously urged that once t...
Ramkrushna Sahu Vs. Collector and ors.
Court: Orissa
Decided on: Mar-17-1997
Reported in: 1997(I)OLR481
ORDERA. Pasayat, J.1. Alleging violation of principles of natural justice this writ application has been filed by Hamkrushna Sahu (hereinafter referred to as the'petitioner'). He assails the decision of Collector, Gajapati (opp. party No. 1), who directed that the petitioner was to be in the black-list. There was further direction that no purchase was to be made from him.2. It is petitioner's case that, he has been supplying materials to different Government offices in the district of Gajapati. The District Social Welfare Officer, Gajapati by his letter dated 3-2-1997 intimated the Child Development Project Officer and the Block Development Officers of the district that as per the orders of the Collector, petitioner was to be in the black-list and no purchase was to be effected from him. Petitioner makes agrievance that an order of black-listing has the effect of depriving him of equality of opportunity in the matter of public contract, and therefore, he had the right to be heard befor...
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