Orissa Court June 2003 Judgments
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Jaya Chandra Mohapatra Vs. Land Acquisition Officer
Court: Orissa
Decided on: Jun-17-2003
Reported in: 96(2003)CLT393; 2003(II)OLR343
P.K. Tripathy, J.1.The aforesaid three Civil Revisions have been filed against three separate orders passed against the petitioner by learned Civil Judge (Sr. Division), Gunupur on 28.8.1999. All the three revisions were heard analogously and are disposed of by this common judgment.2. Petitioner is the decree-holder and he filed Execution Petition No. 7 of 1996 in the Court of Civil Judge (Senior Division), Gunupur claiming realisation of the compensation amount awarded in his favour. It is noted in the impugned order and not disputed by the parties that an area of Ac. 5.10 cents of land of the petitioner in village Maratiguda was acquired by the State for the purpose of construction of rehabilitation colony of the flood affected people of Gunupur. A Notification under Section 4(1) of the Land Acquisition Act, 1894 (in short 'the Act') was made on 10.12.1980 and award under Section 11 was passed by the Collector on 13. 9.1981. Possession of the land was taken by the Collector on 15.9.1...
Jhilly Mallick (Minor) and ors. Vs. Board of Secondary Education and a ...
Court: Orissa
Decided on: Jun-17-2003
Reported in: 96(2003)CLT458
P.K. Tripathy, J.1. This common judgment shall abide the result in all the above noted writ applications filed by 11 Students of Government Girls High School, Madhapur, Cuttack, challenging to the Notification of the opposite party No. 2 made on behalf of opposite party No. 1 on 22.5.1999, vide Notification No. 3800 (Exam. Conf.) Annexure-3 by declaring inter alia cancellation of the Mathematics Paper-II (MTG) with respect to 225 Students of that Centre on the ground of mass mal practice.2. It is the case of each of the petitioners that they were appearing in the Annual H.S.C. Examination held in March, 1999 and 20 Girls from their School i.e., Government Girls High School, Madhapur were amongst the other Students of different High Schools appearing in that Examination Centre at L.N. Bidyapitha, Arakhpatna. Each of them have claimed to be meritorious Student and victim of wrong decision of Controller of Examination in scratching their papers for the Mathematics (MTG) by awarding 'O' ma...
Bidyadhar Behera Vs. Smt. Kanakalata Nayak
Court: Orissa
Decided on: Jun-17-2003
Reported in: 96(2003)CLT725
P.K. Tripathy, J.1. Ex-parte decree of eviction passed on 1.11.1993 in O.S.No. 633 of 1992 having been refused to be set aside by the Civil Judge (Jr. Division), Balasore and the Ad hoc Addl. District Judge (Fast Track Court), Balasore as per the impugned orders respectively passed on 26.4.2000 in Misc. Case No. 105 of 1995 and 10.12.2002 in Misc. Appeal No. 11/12 of 2001/2000, the same are under challenge in this revision at the instance of the defendant/petitioner. Plaintiff is the opposite party.2. Fact, which is not in dispute, is that summons for settlement of issues was issued against the petitioner in both the ways, i.e., by regular process as well as by registered post as per the address given in the cause title. The process issued through Court was returned with the report of the process server that petitioner refused to receive the notice. The postal acknowledgment due was not however received back even after expiry of the period of one month. Therefore, the trial Court held ...
M. Sivaji Vs. M. Kuresum and ors.
Court: Orissa
Decided on: Jun-17-2003
Reported in: 96(2003)CLT524
P.K. Tripathy, J.1. Order passed on 23.8.2002 by the Civil Judge (Senior Division), Berhampur in Final Decree Title Suit No. 120 of 1983 is the subject matter of dispute in this civil revision. Plaintiff in that suit is the petitioner whereas the defendants are the opposite party members. Admittedly a preliminary decree has been granted in that suit, inter alia, for the relief of partition. As per the impugned order learned Civil Judge rejected the objection raised by the petitioner to the acceptability of the report of the Amin Commissioner relating to allotment of shares for the purpose of final decree, hence this revision.2. It be noted that, petitioner had also earlier approached this Court in Civil Revision No. 526 of 2001 against the order passed on 19.9.2001 in the self-same suit. By that order the Court below had denied opportunity to cross-examine the Amin Commissioner. On 5.2.2002 this Court disposed of that civil revision by setting aside the impugned order and directing the...
Bijay Kumar Moharana and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-17-2003
Reported in: (2004)ILLJ692Ori; 2003(II)OLR158
P.K. Tripathy, J.1. The above noted writ applications have been filed against the order of retrenchment as indicated in detail hereunder. Since the retrenched employees were working under the different Irrigation divisions and they have projected almost identical / common case as against the order of retrenchment, therefore, they have advanced similar argument. Thus, the cases are considered analogously and this judgment shall abide the result in all the aforesaid cases.2. Forty two petitioners in O.J.C. No. 8414 of 2001 have challenged to the order of retrenchment, Annexure-3, i.e., Letter No. 2092-2133 dated June 29, 2001, signed by the Executive Engineer, Balasore Irrigation Division, Balasore (opposite party No. 3). It is mentioned in Annexure-3 that as per the decision of the Government of Orissa in the Department of Water Resources in their Letter No. 20222 dated May 25, 2001, the junior-most N. M. R. staff were to be retrenched following Section 25-G of the Industrial Disputes A...
Sri Sudarsan Biswal and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jun-17-2003
Reported in: 2003(II)OLR130
P.K. Tripathy, J.1. Petitioners, who are employees under the Orissa State Co-operative Oil Seeds Growers' Federation Ltd. (in short 'the Federation'), have filed this writ application under Articles 226 and 227 of the Constitution of India with the prayer to issue appropriate writ by directing the opposite parties to not to implement the option for voluntary retirement made by the petitioners in view of withdrawal of the said option by the petitioners (on different dates as per the Annexure-3 series) on the ground that they went to continue in service and because by then the authority had not accepted their option for voluntary retirement and therefore Clause 3. 2 of the Circular (Annexure-2) is not applicable to them.2. It is not in dispute between the parties that petitioners are working as Field Superintendents in the Federation. It is also not in dispute that in view of the decision of the Government. Annexure-1 and the Circular of the Federation, Annexure-2, all the petitioners in...
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