Court : Orissa
Reported in : 100(2005)CLT735; 2005(II)OLR718
N. Prusty, J. 1. Even though the matter is listed for admission, on consent of the learned counsel for the petitioner as well as the learned counsel for the State, the same is taken up for final disposal at the stage of admission. 2. The petitioner, who is facing trial for commission of the alleged offence under Section 302/34 I.P.C. before the learned Additional Sessions Judge, Fast Track Court, Aska in Sessions Case No. 432 of 2004/72 of 2004 arising out of G.R. Case No. 11 of 2004 along with other accused persons, has filed the present application challenging the order dated 5.9.2005 whereby the learned trial Court has rejected the petitioner's prayer to recall a witness (P.W.6) for cross-examination. 3. The factual backdrop of the case is that the petitioner, who is brother of the informant, on 17.1.2004 at about 7 P.M. along with twenty others came to village Samantapali and dragged one Golapa, who is wife of the informant, to the river-bed. There, the petitioner caught hold of th...
Tag this Judgment!Court : Orissa
Reported in : 2005CriLJ81; 2005(II)OLR760
L. Mohapatra, J.1. The petitioner who has been detained pursuant to order of the District Magistrate. Sambalpur passed on 13.7.2005 under Section 3(1), 3(2) and 3(3) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter called as 'the Act') challenges the legality of the aforesaid order in this writ application.2. From the order impugned before this Court in Annexure-10, it appears that the District Magistrate, Sambalpur passed the detention order under the Act on 13th July, 2005 and the same was confirmed by the State Government in Annexure-11 on 23rd July, 2005. The grounds of detention are that on 13.7.2005 at about 11.30 P.M. the petitioner was caught red handed while loading Blue dyed Kerosene supplied to him for distribution under the Public Distribution System during June, 2005 in a Tanker bearing registration No. CG-10-ZB-0828 for the purpose of transporting the same to Raipur for selling in the open market at a higher ...
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR790
L. Mohapatra, J.1. The petitioners in this writ application challenge the legality of the orders passed by the Consolidation authorities in Annexures-7, 8 and 9.2. The case of the petitioners is that their father late Chandramani Pradhan was a Bhag Tenant under the father of opposite party No. 1 prior to vesting. The interest of ex-intermediary vested with the State Government after coming into force the Orissa Estate Abolition Act and the disputed properties belonging to the ex-intermediary vested in the State Government in the year 1951. After vesting, the father of the petitioners, who had been inducted as a tenant by the ex-intermediary claimed settlement of the land on the basis of Ekpadia issued by the ex-intermediary. The name of the father of the petitioners was recorded in the Tenant Ledger and the rent was realized from him. After death of Chandramani Pradhan, the present petitioners succeeded to the properties. During the last settlement operation, after verification of the ...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori20
ORDERL. Mohapatra, J.1. Defendant No. 5 in T.S. No. 139 of 2002 pending in the Court of learned Civil Judge (Senior Division) 1st Court, Cuttack has Filed this revision challenging the order dated 4-8-2005 passed by the trial Court in the said suit rejecting the petition filed by the plaintiff for Withdrawal of the suit as well as allowing the application filed by the defendant No. 4 for his transposition to the category of plaintiff.2. So far as, the first part of the, order regarding dismissal of the application filed by the plaintiff for withdrawal of the suit is concerned, it was fairly contended that the defendant No. 5 cannot challenge the said order and therefore this revision petition is confined to the order dealing with the application filed by the defendant No. 4 under Order 23, Rule 1 -A of the Code of Civil Procedure for being, transposed to the category of the plaintiff.3. Shri Mukherji, learned Senior Advocate appearing for the petitioner challenging the impugned order s...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori69
ORDERL. Mohapatra, J.1. This review is directed against the judgment and order dated 23rd of August, 1999 passed by the learned single Judge of this Court in Second Appeal No. 280 of 1991.2. Plaintiff was the appellant before this Court against a reversing judgment. Case of the plaintiff is that one Giridhari Tripathy executed a Hukumnama on 10-7-1932 in respect of a piece of land measuring Ac. 2.76 decimals authorizing him to reclaim the area and make it fit for cultivation and in return, plaintiff was to possess the same for a period of ten years and appropriate the usufructs. In the year 1935, the plaintiff started cultivation. After death of Giridhari, his son Shyamasundar asked the father of the plaintiff to give up possession of the land in the year 1936. However, the father of the plaintiff did not agree and continued to possess the land till 1960. The plaintiff thereafter continued to remain in possession till 1984 without any interruption. In the year 1984, Kendrapara municipa...
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT683
P.K. Mohanty, J.1. The petitioners have filed this Writ Petition by way of a public interest litigation with the following prayer:'It is therefore prayed that your Lordships may be pleased to admit the Writ Petition, issue Rule Nisi calling upon the Opp. Parties to show cause and if the Opp. Parties fail to show cause or show insufficient cause, appropriate Writ/Direction/Order be made quashing Annexure-18 and direct for withdrawal of permission/ concurrence/affiliation granted in favour of Korua Womens' College, which is an institution by fraud in nature and same being the position, declare that the said college is nugatory;And pass any other Writ/Direction/Order as may be deemed fit and necessary.'2. Briefly stated fact of the petitioners' case is that due to growth of population and advancement in the area, local people of Patkura Legislative Assembly Constituency were in need of educational institution particularly for women and, as such, the villagers of Korua and neighboring vill...
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT644
A.K. Parichha, J.1. Petitioners have filed this Writ Petition to quash the order Nos. 1608 (13)/142-CC (M) dated 20.10.2004 and 1870 (2)/142-CC (M) dated 22.12.2004 passed by learned Additional Assistant Commissioner of Endowments, Cuttack (in short, 'A.A.C.E., Cuttack') appointing non-hereditary trustees in respect of the deity Sri Chandi Thakurani -Bije-at Bakhrabad (hereinafter called as 'the deity') and directing the petitioners and others who are Marfatdars in management of the deity to hand over the complete charge of the institution and its properties, both movable and immovable, to the non-hereditary trustees.2. Petitioners claim that they are the recorded Marfatdars of the deity and in possession of the deity's property from the time of their forefathers in lieu of performance of Sevapuja. They further state that they have filed O.A. No. 10 of 2003 before the A.A.C.E., Cuttack under Section 41 of the Orissa Hindu Religious Endowments Act, 1951 (in short 'the Act') for declarat...
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR609
ORDERA.S. Naidu, J. 1. Heard Mr. Das, learned Counsel for the petitioners and learned Addl. Government Advocate.2. The grievance of the petitioners who were appointed as Sub-wholesaler licensee for the year 2005-06 under the Orissa Public Distribution System (Control) Order, 2002 is that though there is no provision for renew of licence periodically, the authorities have acted illegally and with material irregularity in renewing the licence for a short period.3. Mr. Das, learned Addl. Government Advocate, submits that the petitioners have not filed any applications for renewal of their licences.The statement made by the learned Counsel for the State is found to be not correct specially in view of the fact that in the letter dated 1.7.2005 issued by the Collector, Dhenkanal, vide Annexure-3, refers to an application filed for renewal of S.K. Oil Sub-wholesale licence for the year 2005-06.4. The further grievance of the petitioners in this Writ Petition is that action has been taken and ...
Tag this Judgment!Court : Orissa
Reported in : 2006(1)OLR31
I.M. Quddusi, J.1. This writ petition has been filed against the judgment and order dated 24.5.2005 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1156(C) of 1998 which was dismissed by the Tribunal.2. The brief facts of the case are that the petitioner participated in the recruitment test for the post of Driver held by the opposite party No.2 on 17.5.1997 and a merit list was published on 21.5.1997 in which his name found place at SI. No.6. Appointment orders were issued to the persons mentioned at SI. Nos. 1, 2, 3 and 5 of the select list but the petitioner was not given appointment even though two more vacancies are still existing. Aggrieved, the petitioner filed O.A. No.1156 (C) of 1998 before the Tribunal which was dismissed.3. Counter affidavit as well as further affidavit was filed by the opposite parties. In the counter affidavit, it has been mentioned that on 1.3.1998, on account of retirement of Asit Narayan Dutta, driver of the District Welfa...
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT561; 2005(II)OLR549
A.K. Parichha, J. 1. Petitioner, the elected Sarpanch of Gadadhar Grama Panchayat, has filed this application under Articles 226 & 227 of the Constitution of India challenging the notice of Sub-Collector, Nayagarh to record vote of no-confidence against him and the order of removal issued by the Collector, Nayagarh removing him (petitioner) from the post of Sarpanch.2. Short of details, the facts leading to the present application are as follows :Gadadhar Grama Panchayat (hereinafter to be called as 'the Grama Panchayat', in short) in the district of Nayagarh has 12 Wards and accordingly it has 12 Ward Members and one Sarpanch. In the last election held in the year 2002, the petitioner was elected as the Sarpanch of the said Gram Panchayat for a period of 5 years and he assumed the office as Sarpanch. When the matter stood thus, 9 of the Ward Members submitted requisition accompanied by a proposed resolution dated 10.9.2004 to the Sub-Collector, Nayagarh to convene a meeting for record...
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