Orissa Court May 2001 Judgments
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Rajendra Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-08-2001
Reported in: 2001(II)OLR160
P.K. Misra, J.1. This writ petition has been filed by the Chairman, Basudevpur Panchayat Samiti, for quashing the Resolution of the Zilla Parishad so far as it relates to approval by the Zilla Parishad of the Annual Action Plan as per Annexure-1. It is stated in the petition that the Block Development Officer (in short, the 'B.D.O.') on his own convened a meeting of the Panchayat Samiti and a resolution as per Annexure-6 was purportedly passed preparing the Annual Action Plan. It further appears that the present petitioner did not sign in the said resolution as according to him, the meeting had not been convened in accordance with the provisions of the Act and the Rules. Subsequently, in the meeting of the Zilla Parishad, the petitioner raised protest about the Annual Action Plan as submitted by the B.D.O. and the Zilla Parishad permitted the petitioner to file a revised Action Plan. It is not disputed that such revised Annual Action Plan was submitted by 19.4.2000. However, on 15.4.20...
Narasingh Padhiary, Vs. the State of Orissa and ors.
Court: Orissa
Decided on: May-07-2001
Reported in: 2001(II)OLR209
P.C. Naik, J.1. The prayer made in these three writ, petitions being more or less identical, they are heard analogously and are being disposed of by this common judgment.2. The petitioner in O.J.C. No. 1178 of 1999 was granted licence to run soft drink stall near departmental canteen inside Nandankanan Zoological Park for the year 1998-99. The petitioner in O.J.C. No. 1179 of 1999 was granted licence to run fruit juice stall inside Nandankanan Zoological Park for the year 1998- 99 and the petitioner in O.J.C. No. 890 of 1999 was also granted licence to run two soft drink stalls-one near Boat Ghat and the other at nocturnal house in Nandankanan Zoological Park, for the year 1998-99. Since the licences granted to the petitioners were not renewed, they have approached this Court for issuance of an appropriate writ, direction or order commanding the Nandankanan Zoo authorities to settle their respective stalls with them for the year 1999-2000 by negotiating the monthly rent/licence fee- on...
Kalia Alias Kasia Chouhan and ors. Vs. Prafulla Kumar Jena
Court: Orissa
Decided on: May-03-2001
Reported in: 2001(II)OLR123
L. Mohapatra, J.1. Criminal Misc. Case No. 532 of 1996 has been filed by the accused persons challenging the order taking cognizance as well as judgment and order passed by the learned Sessions Judge, Balasore, in Criminal Revision Nos. 46 and 47 of 1993 and Criminal Misc. Case No. 3183 of 1997 has been filed against the judgment and order of the learned Sessions Judge in Criminal Revision No. 50 of 1993.2. From the records it appears that on 16.11.1992 the petitioner in Criminal Misc. Case No. 3183 of 1997, namely Prafulla Kumar Jena, was assaulted and an FIR was lodged by the brother of the injured and accordingly a case alleging offences Under Sections 341, 323, 324 and 325 read with Section 34 of the Indian Penal Code was registered against the accused persons numbered as G.R.Case No. 278 of 1992 in the file of the learned Judicial Magistrate, First Class, Jaleswar. After investigation on 19.1.93 charge-sheet was submitted against two of the accused persons, namely, Hemanta Chouhan...
Arjun Charan Biswal Vs. Trilochan Das, Director of Higher Education-in ...
Court: Orissa
Decided on: May-02-2001
Reported in: 91(2001)CLT729
ORDER1. The petitioner complains that by virtue of the order passed by this Court on 16-4-1998 in O. J. C. No. 5255 of 1998, he is entitled to get about a sum of Rs. 34,000/- towards the salary cost from the opposite party-contemner, i. e., the Director of Higher Education, Orissa. It is alleged that the authority has slept over the matter for all these days and, therefore, has clearly violated the order passed by this Court, for which the authority is liable to be punished under the Contempt of Courts Act. For the inaction and indifferent attitude of the opposite party, the petitioner, who is the legitimate claimant, should not suffer. If the amount due to the petitioner in the year 1998 would have been paid to him by virtue of the aforesaid order passed by this Court, he could have earned some amount of interest by depositing the said amount in a bank. Although the petitioner is urging for taking action against the concerned officer, under the Contempt of Courts Act, but in view of t...
Government of Orissa and ors. Vs. Duryodhan Mohanty and ors.
Court: Orissa
Decided on: May-01-2001
Reported in: 2001(II)OLR393
ORDER1. Opp. party No. 1 herein retired as a Work-charged employee after having put in thirty five years and eleven months of continuous service in the establishment. No pensionary benefits having been extended, he approached the Orissa Administrative Tribunal, Circuit Bench, Berhampur by way of Original Application No. 70(8) of 1997 for a direction to the Respondents to grant retirement and other benefits to him by declaring him to be a regular employee.2. By following a decision in a batch of cases the Tribunal allowed the Original Application in the following terms :'Under the dictum laid down by the Tribunal in various cases, I direct that the applicant be regularised in establishment post from the time he completed 5 years continuous service in work charged establishment and the period from that time till the date of his retirement be counted towards his pension and other pensionary benefits and the same be drawn and paid to him within four months from the date of receipt of a cop...
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