Orissa Court December 2002 Judgments
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State of Orissa Represented by the District Collector Vs. Bhabagrahi S ...
Court: Orissa
Decided on: Dec-11-2002
Reported in: 95(2003)CLT138
Pradip Mohanty, J. 1. This appeal is directed against the order dated 27.10.98 passed by the learned Civil Judge (Sr. Divn.), Deogarh, in L. A. Case No. 20 of 1997.2. The case of the appellant is that the Government acquired the irrigation channel and the culvert standing over hold No. 51 under plot Nos. 1202, 1203 and 1301 of village Taleisar in the district of Sambalpur which belonged to the respondent-claimant by Notification No. 37942 dated 12.6.85 published in E.O.G. No, 755 dated 17.6.85 for the purpose of construction of Bengali Dam Project. The Land Acquisition Zone Officer, Dam Site, Rengali, after assessing the claim of compensation, awarded Rs. 31,863.00 which the claimant-respondent received on protest.The case of the claimant-respondent is that he invested Rs. 1,50,000/- for construction of the canal and the culvert on the said land. In the objection-petition the claimant-respondent also stated that several representations before the Land Acquisition Zone Officer were made...
Baishnab Charan Badu Vs. Commissioner of Consolidation and ors.
Court: Orissa
Decided on: Dec-11-2002
Reported in: 95(2003)CLT151
A.S. Naidu, J. 1. What is sought to be challenged in this writ petition filed under Articles 226 and 227 of the Constitution of India is an order passed by the Commissioner of Consolidation in Revision Case No. 587 of 1990 under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Lands Act, 1972 (in short 'the Consolidation Act').2. Hrusikesha Badu was the common ancestor. Hrusikesha had two sons, namely, Ganesh and Mani. Mani had three sons being Natabar, Pravakar and Bhaskar. Pravakar died leaving behindNilamani as his widow. The present petitioner Baishnab claims to be the adopted son of Pravakar and Nilamani. The properties in dispute measuring Ac. 2.16 decimals comprising of several plots, according to the petitioner were the self-acquired properties of his adoptive father Pravakar. During the Settlement operation, as the record of rights reveal, the said properties were recorded in the name of Baishnab, the petitioner and her adoptive mother Nila...
Smt. Sabitri Padhy Vs. Secretary, B.R.i.T. and anr.
Court: Orissa
Decided on: Dec-11-2002
Reported in: 95(2003)CLT319; 2003(I)OLR1
A.S. Naidu, J. 1. A dissatisfied claimant-land owner has filed this appeal under Section 54 of the Land Acquisition Act (hereinafter called 'the Act') challenging the quantum of award passed by the Land Acquisition Collector, which was confirmed in a reference made under Section 18 of the Act by the Civil Judge (S.D), Berhampur in M.J.C. No. 94 of 1993. 2. Short of all unnecessary details, the short facts leading to filing of the present First Appeal are that the Government of Orissa by its Notification issued under Section 4 (1) of the Act dated 12.8.1988, published in the Orissa Gazette dated 29.10.1988, acquired a total land measuring Ac. 7.81 decimals appertaining to different Survey numbers and Khata numbers situated at village Ambapua under Berhampur Tahsil for the purpose of extension of Housing Accommodation Scheme of the Berhampur Regional Improvement Trust, now known as the Berhampur Development Authority. Out of the said acquired lands, an area of Ac. O.800 decimals appertai...
Surendra Babu Patra and 14 ors. Vs. Commissioner of Endowments and 2 o ...
Court: Orissa
Decided on: Dec-11-2002
Reported in: 94(2002)CLT553; 2003(I)OLR145
P.K. Balasubramanyan, C.J.1. The petitioners challenge the order Annexure-3 by which the Commissioner of Endowments confirmed the order passed by the Additional Assistant Commissioner of Endowments in an application filed under Section 68 of the Orissa Hindu Religious Endowments Act. By that application O.A. No. 3 of 2001. the Interim Managing Trustee representing the deity Shri Laxminarayan Mahaprabhu. sought eviction of the petitioners, who claim to be permanent tenants in respect of the rooms occupied by them. According to the Interim Managing Trustee, the petitioner, herein were not in legal occupation and that they were not paying any rent even though they claim to be tenants and that the application was liable to be allowed and the petitioners herein evicted. The petitioners herein resisted that application contending inter alia that the leases were granted to them in the year 1962 by the then Trustee, the tenancies in their favour were permanent tenancies, that though they tende...
Suna Bewa Vs. Bauribandhu Behera and ors.
Court: Orissa
Decided on: Dec-11-2002
Reported in: 2003(I)OLR161
P.K. Tripathy, J.1. None appears for the respondents. On the request of the Court, Mr. S. Pradhan. learned Standing Counsel agrees to address the Court as amicus curiae and for that he was provided with the paper books for perusal. After going through the same he states that he is ready to argue.Heard learned counsel for appellant and Mr. S. Pradhan.2. This appeal is against the order of acquittal in I.C.C. No. 95 of 1985 of the Court of J.M.F.C., Khurda as per the impugned judgment dated 10.2.1987. Appellant filed I.C.C. No. 95 of 1985 against the respondents alleging offence under Sections 342/403, I.P.C. with the assertion that she is the daughter-in- law in the family of the respondents being the widow of late Sauri Behera, who is the brother of respondent No. 1 and son of respondent No. 4. Respondent Nos. 2 and 3 are respectively son and wife of respondent No. 1. The allegation in substance is that on the date of occurrence i.e., on 2.7.1985 at about 5 P.M. when the appellant retu...
Muralidhar Sahu and 5 ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-11-2002
Reported in: 2003(I)OLR178
R.K. Patra, J.1. Validity of Clauses 6 and 7 of the order of the Government in the Forest and Environment Department communicated in letter No. 1781l/F&E.; dated 7.11.2000 (Annexure-1) is the subject matter of challenge in this writ petition. Under the impugned Clause 6. the Divisional Forest Officers have been empowered for regulating the transport of Sal leaves including leaf plates and leaf cups made out of Sal leaves by issue of transit permits. As per the impugned Clause - 7, royalty is leviable at 5% of the collection price of Sal leaves.By the Government order of the Forest and Environment Department contained in letter No. 20437/F&E; dated 20.12.2000 (Annexure-A/3) levy of royalty stipulated under the aforesaid Clause -7 has been withdrawn. Therefore, the writ petition challenging the impugned Clause - 7 has become infructuous. What now remains to be decided is the validity of the impugned Clause - 6 of the Government order (Annexure-1).2. The petitioners are traders and transp...
Executive Officer, Berhampur Municipality Vs. Smt. K. Kasturi Bai
Court: Orissa
Decided on: Dec-11-2002
Reported in: 96(2003)CLT25
P.K. Tripathy, J.1. This appeal has been filed against the order of acquittal granted under Section 255(1), Cr.P.C. by learned J.M.S.C., Berhampur in favour of the respondent in 3(a) C.C. Case No. 342 of 1986, as per the impugned judgment dated 27th June, 1987,2. It appears from the impugned judgment and the L.C.R. that respondent faced the trial for the offence punishable under Section 385-A of the Orissa Municipal Act (in short, 'the Act') on the allegation that she had constructed a new pucca building in Bhapur Bazar street abutting to the public road within Berhampur Municipality area without obtaining permission of the said Municipality, as required under the provision in Sections 264 and 266 of the Act. Respondent took the plea of complete denial. In course of trial, appellant examined three witnesses and relied on documents marked Exts. 1 to 5. The trial Court, on assessment of evidence, did not find the evidence led by the prosecution sufficient to warrant a conviction inasmuch...
Goura Thappa and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-11-2002
Reported in: 2003(I)OLR215
P.K. Tripathy, J.1. Having been convicted by learned Addl. Sessions Judge, Bolangir in Sessions Case No. 11/1 of 1988 under Section 307/34, I.P.C. as per the impugned judgment dated 31.3.1988 appellants have preferred this appeal.2. As it reveals from the impugned judgment and the evidence on record that on 7.6.1987 at about 7 A.M. there was a quarrel and mutual fight between the prosecution party and the appellants on a piece of land in Bhadrapali locally known as 'Amtibahali Tangar Danga Duli'. In that mutual fight both the parties sustained injuries and there were F.I.R. and counter F.I.R. The case in which the appellants are the accused persons that was registered as G.R. Case No. 239 of 1987 and after commitment that was registered as above noted Sessions Case No. 11/1 of 1988 whereas the criminal case in which the appellants party was the informant was registered as G.R. Case No. 240 of 1987.3. According to the prosecution allegation P.Ws. 1,2,3 and 9 sustained injuries. Amongst ...
Seema Kedia Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-11-2002
Reported in: 2003(I)OLR478
B.P. Das, J.1. The petitioner, who is a helpless lady and whose husband-Kisan Kedia died in a mysterious circumstances, has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (Cr. P.C. in short) praying for re-investigation of Sambalpur Town P.S. Case No. 260 dated 26.7.2000 by the Central Bureau of Investigation (C.B.I. in short) on the allegation that a clear case of murder is being tried to be hushed off by the investigation agency of the State at the behest of the masters/ employers of the deceased, who are moneyed and influential businessmen of Sambalpur town.2. Briefly stated, the facts giving rise to the present application. as transpire from the record. may be stated thus :On 26.7.2000 at about 6.30 a.m. on Dilip Kumar Vegad. son of Mohanlal Udhaj Vegad of Jhaduapada, Sambalpur town. made an oral information before the Inspector-in-charge of Sambalpur Town Police Station disclosing the death of his co-employee. Kisan Kedia, and the same was reduced...
State of Orissa Vs. Gurubari Alias Guri Alias Brajakishore Mandal and ...
Court: Orissa
Decided on: Dec-10-2002
Reported in: 2003(I)OLR156
B. Panigrahi, J.1. In this appeal the order of acquittal of the respondents of the charges under Section 302 of the Indian Penal Code (for short 'IPC') and Section 27 of the Arms Act passed by the learned Second Additional Sessions Judge. Puri in Sessions Trial No. 20/35 of 1986 has been assailed by the State.2. The brevity of the prosecution story, as narrated in the trial Court's judgment as follows :In the night of 28/29.10. 1 986 the respondents along with two others unknown culprits broke open the door of the dwelling house of the deceased Sudarshan Sahu and entered into the said house. The inmates of the house were then under the impression that the miscreants had trespassed into the house for commission of dacoity. However, when the household belongings were offered to them, they refused to receive the same and insisted the inmates to make way. They fired a gun from a point-blank range resulting in the death of the deceased Sudarsan Sahu. Incidentally, all the inmates at that ti...
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