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Orissa Court July 2000 Judgments

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Jul 05 2000

Jagabandhu Ghantiali Vs. District and Sessions Judge and anr.

Court: Orissa

Decided on: Jul-05-2000

Reported in: 90(2000)CLT654; 2000(II)OLR220

P.K. Misra, J. 1. The petition who was working as a Sheristadar in the office of the Civil Judge (Senior Division), Karanjia, has filed this writ application challenging the order of the District and Session Judge. Mayurbhanj, compulsorily retiring the petitioner from service under Rule 71 (a) of the Orissa Service Code.2. The petitioner joined in service as a Junior Clerk in December 1960, and in course of time after several promotions he was posted as Sheristadar in the office of the Civil Judge (Senior Division), Karanjia. On the basis of the report of the Review Committee, the petitioner was made to retire with effect from 26.8.1997 on payment of three months' dsalary in lieu of notice, pursuant to the order passed by the District Judge. The said prder is being challenged in the present writ application.3. The petitioner has averred that the relevant extracts of the Confidential Character Roll (hereinafter called the 'C.C.R.') for the years 1994 and 1996 were communicated to him fo...


Jul 04 2000

Satyananda Mali and anr. Vs. State of Orissa and ors.

Court: Orissa

Decided on: Jul-04-2000

Reported in: 2000(II)OLR180

P.K. Misra, J.1. The facts giving rise to the present writ application may be noticed in brief. A ceiling proceeding under Chapter IV of the Orissa Land Reforms Act (in short the 'Act') was initiated against the present petitioners, wherein petitioner No. 1 was shown to be the ceiling surplus holder. In the said O.L.R. Case No. 164 of 1975, by order dated 31.12.1975, the matter was finalised and it was held that the petitioner and members of his family shall be entitled to retain 18 standard acres of land and balance Ac. 3.01 decimals of land was vested in the State Government. Thereafter, in the year 1991, O.L.R. Case No. 15 of 1991 was initiated apparently by applying the provision of Section 52 of the Act. In such proceeding, apart from questioning the maintainability of such fresh proceeding, it was contended on behalf of the petitioners that the eldest son, the present petitioner No. 2, had separated from his father prior to the appointed date and as such, fresh ceiling proceeding...


Jul 04 2000

Sailendra Kumar Singh Vs. State of Orissa and ors.

Court: Orissa

Decided on: Jul-04-2000

Reported in: 2(2000)ACC527; 90(2000)CLT200

Pradipta Ray, J.1. The writ petitioner has been plying one of his vehicles in the route from Sambalpur in Orissa to Raipur in Madhya Pradesh on the basis of a temporary permit granted in his favour. The petitioner applied for a second temporary permit for the aforesaid Sambalpur-Raipur route in respect of his vehicle bearing No. OIS 5100. By letter dated December 22, 1999 the Under Secretary of the State Transport Authority, Orissa informed the petitioner that the Transport Commissioner and Chairman, State Transport Authority was pleased to reject the petitioner's application for temporary permit in view of the State Government's Notification No. 15077 dated November 17, 1998. It appears that the State Government issued the above Notification dated November 17, 1998 in exercise of its powers conferred by Clause (iii) of Sub-section (1) of Section 67 of the Motor Vehicles Act giving the following direction both to the State Transport Authority (in short 'S.T.A.') and the Regional Transp...


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