Orissa Court August 2005 Judgments
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Manoj Kumar SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-22-2005
Reported in: 2005(II)OLR672
ORDER1. Heard learned counsel for the petitioner and the learned Addl. Government Advocate.2. The petitioner was before this Court in W.P.(CrL) No. 206 of 2005. The said writ application was disposed of by the order dated 4.6.2005 with a direction to Opp. Party No. 2 therein to dispose of the application of the petitioner dated 30.4.2005 filed under Section 17 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act, 1988 (hereinafter referred to as 'the Act') within a period of two weeks from the date of receipt of certified copy of the said order from the petitioner.3. The grievance of the petitioner in the present writ application is that in spite of the said specific order passed by this Court to dispose of the application filed by the petitioner under Section 17 of the Act for release of the seized Truck in his favour, the authority under the Act without disposing of the said application and misinterpreting the order of this Court passed orders und...
Smt. Malli Munda Vs. State of Orissa
Court: Orissa
Decided on: Aug-19-2005
Reported in: 2005(II)OLR759
ORDER1. On consent of parties, this writ petition stands disposed of at the stage of admission.2. Order of confiscation passed by Authorised Officer, Keonjhar in O.R. Case No. 80-A of 2003-04 was considered and confirmed by learned District Judge, Keonjhar as per impugned judgment delivered on 5.2.2005, in respect of the order of confiscation of Tractor bearing Regd. No. OR-09-D-608 and Trolley bearing Regd. No. OR-09-D-609.3. Case of the Forest Department is relating to loading and attempt for illegal transport of timber and fire wood without having valid Timber Transit Permit and when that offence was detected, forest officials were man-handled by some villagers.4. Defence plea of the owner/petitioner was that the Tractor & Trolley had been hired for transporting Aharar crop by one5. Anam Naik and she had denied to the allegation of loading of timber and fire wood and attempted transport of the same and also to the allegation of assault on the forest officials. The Authorised Officer...
Parbati Panda and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-19-2005
Reported in: 2005(II)OLR698
L. Mohapatra, J. 1. The petitioners in this writ application challenged the legality of order passed by the Commissioner, Land Records and Settlement. Orissa in R.P. Case No. 556 of 1996 filed under Section 32 of the Orissa Survey and Settlement Act, 1958.2. The opposite parties 3 and 4 filed a revision before the learned Commissioner under Section 32 of the Orissa Survey and Settlement Act against the order dated 30th December, 1995 passed by the Additional Settlement Officer, Cuttack in S.A. No. 470 of 1995 and the same having been allowed, the present writ application has been filed.3. The case of the opposite parties 3 and 4 is that the properties in question stood recorded in favour of the common ancestor Khetra Panda. Late Khetra Panda had three sons namely, Dasarath, Indramani and Chandramani. Dasarath was given away on adoption and the other son Indramani as well as his wife died leaving behind no issue. The opposite parties 3 and 4 are the sons of Chandramani, who claim to hav...
Rana Pratap Singh Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-17-2005
Reported in: 2005CriLJ3879
ORDERR.N. Biswal, J.1. This CRL.M.C. arises out of a petition filed under Section 482 of Cr. P. C. by the petitioner challenging the order dated 24-4-2004 passed by the S. D. J. M., Angul in C. T. case No. 409 of 2004 rejecting his petition under Section 457 of Cr. P. C. and allowing the petition filed under the same provision by opp. party No. 2.2. As depicted in the F. I. R. lodged before the O. I. C. of Angul P. S., the petitioner married opp. party No. 2 on 10-5-2001 in accordance with Hindu rites and their Caste custom. At the time of marriage a Bajaj Boxer motor cycle bearing Regn. No. 06D/1972 cash of Rs. 80,000/- and other household articles were given to the bride and the bridegroom. Sometimes thereafter the petitioner and his family members demanded Rs. 80,000/- more as dowry. When the same could not be complied with they tortured opp. Party No. 2 both physically and mentally in many ways. So the F. I. R. As the allegations contained in F. I. R. revealed a cognizable case, An...
Sakuntala Sahoo and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-17-2005
Reported in: 2005(II)OLR449
A.S. Naidu, J. 1. This Writ Petition has been filed with a prayer to issue a writ of certiorari to quash the order dated 16.6.1999 passed by the Revenue Officer, Chandbali, in O.L.R. Case Nos. 12/98 and 13/98, in exercise of the powers conferred upon him under Section 9{1) of the Orissa Land Reforms Act. Opposite parties 4 and 5 filed an application under Section 9 of the Orissa Land Reforms Act (for short 'OLR Act') for declaration that they were tenants in respect of Ac.0.27 decs of land each appertaining to Plot No.299, Khata No. 134 (Chaka) of Mouza Balabhadrapur out of a total area of Ac. 0.53 decs. The Revenue Officer called upon the R.I., Motto to conduct a spot enquiry and submit his report. He also directed to issue general proclamation inviting objections. The petitioners being the owners of the aforesaid land filed their objection, inter alia, taking the stand that opposite parties 4 and 5 were neither tenants under them nor did they construct and/or reside in any dwelling h...
State Bank of India Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Aug-17-2005
Reported in: 2006(1)OLR127
ORDER1. The petitioner in this writ application challenges the legality of the award passed by the Arbitrator under Section 7(B) of the Indian Telegraph Act, 1985.2. The case of the petitioner is that for communication of messages between the Sunabeda and Damanjodi, as no other convenient facilities were available, a request was made to the Chief General Manager, Telecom Orissa in April 1984 to provide a teleprinter circuit between the aforesaid two branches. Consequent upon such request, a point to point T.P. Circuit was allotted for direct working between the aforesaid two branches of the bank for 24 hours a day. In the sanction letter dated 27.5.1 986, the guarantee was for a period of six years and the said letter also contained certain other terms and conditions. The grievance of the petitioner is that the T.P. Circuit installed by the opposite parties did not function properly and several complaints were made and the facilities could not be utilized because of improper functionin...
Daitary Rout Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-16-2005
Reported in: 100(2005)CLT329
ORDER1. In this application under Article 226 of the Constitution of India, the petitioner has called in question the order dated 16.2.1993 passed by the Member, Board of Revenue, Orissa, Cuttack in O.E.A. Revision case No. 13 of 1992 by exercising the power of revision under Section 38(B) of the Orissa Estates Abolition Act, 1951 (hereinafter referred to as 'the Act').2. The ex-intermediary, the Raja of Kanika accepting the petitioner as a tenant over the land appertaining to Hal Plot No. 431 under Hal Khata No. 493 in mouza Pattia accepted rent from him and granted rent receipts. It is the case of the petitioner that upon vesting of intermediary interest under the Act 'Ekpadia' was submitted by the Raja of Kanika being the ex-intermediary in which the name of the petitioner was shown as tenant in respect of the aforesaid land. In Misc.Case No. 36 of 1981, the O.E.A. Collector after calling for a report from the Revenue inspector settled the land under Section 8(1) of the Act in favou...
Duari @ Satrughana Barik Vs. State of Orissa
Court: Orissa
Decided on: Aug-16-2005
Reported in: 2005(II)OLR592
M.M. Das, J. 1. In this appeal preferred from the prison by the convict Duari @ Satrughana Barik, the judgment dated 29.2.1996 passed by the Addl. Sessions Judge, Bhubaneswar in S.T. No. 9/344 of 1994 has been challenged. By the impugned judgment, the appellant has been convicted for the offence under Section 302, IPC, and has been sentenced to imprisonment for life.2. On an oral information given by P.W.8, Parati Kumbhar, the same was reduced into writing by the Officer-in-charge, Balianta P.S. at the spot of occurrence and was treated as FIR. On the basis of the said FIR, a case was registered for commission of offence under Section 302, IPC against the appellant. After usual investigation, charge-sheet was submitted. The accused was apprehended, charge-sheet submitted and in due course after commitment of the case and framing of charge, the case was tried being S.T. No. 9/344 of 1994. The prosecution case is that the appellant, Duari @ Satrughana Barik, the deceased-Rudra Kumbhar an...
Sawarmal Agrawal Vs. State of Orissa and anr.
Court: Orissa
Decided on: Aug-16-2005
Reported in: 2005(II)OLR676
M.M. Das, J. 1. The petitioner in this writ application assails the order of approval of the detention order dated 27.3.2005 of the District Magistrate, Sambalpur made by Government of Orissa under Annexure-5 dated 6.4.2005.. 2. The short facts as enumerated in the writ application leading to the said order under Annexure-5 are required to be narrated for appreciation of the case.3. The petitioner was appointed as a sub-wholesaler for kerosene oil for NAC, Burla under the provisions of the Orissa Kerosene Control Order, 1962, by the licensing authority in the year, 1994. The said licence was renewed from time to time and was valid till 31.6.2006. The District Magistrate-cum-Collector, Sambalpur is the licensing authority. On 23.3.2005 a fire accident took place in which two kerosene tankers were gutted in fire inside the godown premises of the petitioner and an FIR to that effect, was registered as P.S. Case No. 54 dated 23.3.2005 for commission of offence under Section 285, IPC read w...
Amarjothi Granite Pvt. Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Aug-16-2005
Reported in: AIR2006Ori61
M.M. Das, J.1. Being aggrieved by the order of the Govt. of Orissa dated 7-1-2005 granting quarry lease of 8.944 hects. in village Bhagabanpur of Ganjam district in favour of Opposite Party No. 4, M/s. Ajax Petro, the petitioner has filed this writ application under Article 226 of the Constitution of India and has prayed for quashing the above order annexed to the writ petition as Annexure 7.2. It Is the case of the petitioner that it is a private limited company constituted under the Companies Act, 1956 and it deals with all types of stones and rocks used for decorative and industrial purposes. It also undertakes export of such decorative stones and further, it holds quarry lease in the State of Orissa mainly near Berhampur area in the district of Ganjam. The petitioner has alleged that in spite of the fact that its granite processing plant has been registered by the District Industries Centre, Berhampur, Dist. Ganjam and its application dated 3-7-1999 for grant of quarry lease to an ...
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