Orissa Court September 2003 Judgments
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Binod Patra Vs. Anup Kumar Darji and ors.
Court: Orissa
Decided on: Sep-03-2003
Reported in: 97(2004)CLT738
L. Mohapatra, J.1. The petitioner in this writ application calls in question the legality of orders passed in Annexures - 3 and 7.2. The case of the petitioner is that on 10.6.2000 Indian Oil Corporation Limited invited applications from the intending Scheduled Caste candidates for appointment of Dealers for its retail out-lates in different parts of the State including Sonepur. The petitioner applied for such dealership, but it was found that opposite party No. 1 had been selected even though he did not belong to Sonepur. On further inquiry, it was found that the opposite party No. 1 is 'Chhipi' by caste and accordingly does not belong to Scheduled Caste, but obtaining a caste certificate from the Revenue Officer, Bargarh, applied for appointment as a dealer. Challenging the said appointment, two writ applications were filed, one by the petitioner bearing No. O.J.C. 10166 of 2001 and another by one Abhimanyu Kushal in O.J.C. 10430 of 2001. Both the writ applications were dismissed by ...
Sri Ramesh Chandra Samantray and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-02-2003
Reported in: AIR2004Ori37; 96(2003)CLT482
A.K. Patnaik, J.1. Petitioner No. 1 is the Chairperson and petitioners 2 to 8 are the Councillors of the Paradeep Notified Area Council with effect from 22.4.2000. Paradeep Notified Area Council (for short, 'the Paradeep N.A.C.') is presently a Municipality. By a notice dated 26.12.2001, the Director, Municipal Administration and Ex-Officio Additional Secretary to Government of Orissa, Housing and Urban Development Department intimated the petitioners that a special audit was conducted during the period from 15.1.2001 , to 20.2.2001 and an inspection was conducted by the Under Secretary to Government, Housing and Urban Development Department on 9.7.2001 and it has come to the notice of the Government that the Council of Paradeep N.A.C. has shown incompetency in performance of the duties imposed on it by law, has exceeded and abused its power and has acted in the manner prejudicial to the interest of the inhabitants of the Paradeep N.A.C. In the said notice dated 26.12.2001, instances o...
Debaraj Nayak and 7 ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Sep-02-2003
Reported in: 2003(II)OLR523
ORDERA.S. Naidu, J.1. Heard learned counsel for the petitioner and learned counsel for the opposite parties.2. This is an application under Section 482 of Cr. P.C. invoking inherent jurisdiction of this Court inter alia quashing the Order dated 10.7.2003 passed by the learned S.D.J.M., Khurda in I.C.C. No. 52 of 2003 taking cognizance of the offences under Section 436, 506, 427 and 34 of I.P.C. against eight accused persons.3. Mr. Sahoo, learned counsel for the petitioners, submits that for self-same cause of action, the complainant had filed an F.I.R. before the O.I.C., Khurda P.S. on the basis of which, G.R. Case No. 1030 of 2002 has been registered. According to Mr. Sahoo, investigation of the said case is neither over nor any final report has been submitted. Mr. Sahoo further submits that the Court below acted illegally in taking cognizance of the offences alleged to have committed by the petitioners, in I.C.C. No. 52 of 2003 without following the mandatory provisions of Section 21...
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