Court : Orissa
Reported in : 2006(I)OLR184
ORDER1. The petitioner in this writ application calls in question the order dated 31.3.1998 passed by the Addl. District Magistrate, Khurda in Revision Case No.137 of 1998, annexed to the writ application as Annexure-3.2. The petitioner is the son of original lessee late Adhikari Pradhan. On an application made by said late Adhikari Pradhan to the Tahasildar, Bhubaneswar W.L. Case No. 878 of 1972 was registered and after following due procedure of law, lease of a land measuring an area of Ac. 0.835 decimals of land situated in sabik pFot No.238 under Khata No.95 of village Dalua was settled in favour of the said late Adhikari Pradhan by order dated 20.9.1973.3. From the impugned order under Annexure-3, it appears that as in a Public Interest Litigation, this Court directed to find out an scrutiny as to whether Government land has been leased out on Bhubaneswar by playing fraud on the authorities by any lessee and if it is found that any lease is granted by commission of fraud, necessar...
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ1483; 2005(II)OLR505
R.N. Biswal, J. 1. This CRLMC arises out of a petition filed under Section 482 of Cr.P.C. seeking quashing of the order of cognizance taken in 1 C.C. case No. 70 of 2004 by the S.D.J.M., Berharnpur, Ganjam.2. The facts of the case lie in a narrow compass. Petitioner is the accused and opp. parties are complainants in I.C.C. case No.70 of 2004 pending before the Court below. As per the complaint petition on 1.11.1980 Dr. V. Chancha Rao purchased a parcel of land situated in village Ogalpara (hereinafter referred to as case land) from one Prafulla Charan Samantray vide registered sale deed No. 1684 for a consideration of Rs.15,000/-and possessed the same. After his death on 11.6.1997 the complainant-opp. Parties 1 to 5 being his legal heirs stepped to his shoes. Since all these five complainants stay at U.S.A. and the case land situates far away from their place of stay, they wanted to dispose of the same. Complainant-opp. Party No. l, the wife of late Dr. V. Chancha Rao registered a gen...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori7; 100(2005)CLT598; 2005(II)OLR535
A.S. Naidu, J. 1. Defendants No. 1 in Civil Suit No.375 of 2002 pending in the Court of Adhoc Additional District Judge, Fast Track Court No. 1, Cuttack has filed this writ application challenging the order dated 4th November, 2004, passed by the Court below rejecting the Written Statement filed by the said defendant on the ground that the same was filed much beyond the time stipulated under Order 8 Rule 1 of the Civil Procedure Code (in short, 'C.P.C.'). From the order sheet of the suit it appears that the notice was served upon the defendants fixing 20.1.2003 as the date of appearance. The petitioner appeared on the said date and filed a petition praying to grant some time to file written statement. The Court on being satisfied that there was sufficient grounds, granted time to file Written statement. Thereafter on several other subsequent dates defendant No. 1 filed petitions for time to file written statement on the grounds mentioned therein. The Court on being satisfied that there...
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR111
ORDERR.N. Biswal, J.1. Even though the case is listed for admission today, on the prayer and consent of learned Counsel for the parties, it is taken up for final hearing.2. Heard3. This CRLMC arises out of a petition filed under Section 482 of Cr.P.C. challenging the order dated 20.1.1990 passed by the J.M.F.C., Nimapara in 2(b) C.C. Case No. 106 of 1990 wherein he took cognizance of the offences under Section 27(1) (a) of Orissa Forest Act and Rule 21 of T.T. Rules.4. Learned Counsel for the petitioner submits that as per the prosecution report the occurrence took place on 15.10.1988 at 7.00 P.M. The offence under Section 27(1) (a) of the Forest Act is punishable with imprisonment which may extend to six months and fine of Rs. 500/- and the offence under Rule 21 of T.T. Rules is punishable with imprisonment which may extend to one year or fine which may extend to Rs. 1,000/- or both. So, the learned Court below ought not have taken cognizance of the aforesaid offences on 20.1.1990 mor...
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR701
L. Mohapatra, J.1. These writ applications were heard analogously since they involve the same questions of law.2. The petitioners in all these cases are lecturers working in different aided educational institutions in different places and their prayer is for a direction to the opposite parties to disburse their arrear salary for the period from 17.10.1998 to February, 2001 and from August, 2001 to February, 2002. All the petitioners were appointed between 1.1.1985 and 31.12.1992 against approved posts of lecturers in different aided colleges. These colleges come under category I as defined in Para 4-A of the Orissa (Non-Government Colleges, Junior Colleges and Higher Secondary Schools) Grant-in-Aid Order, 1994. The case of the petitioners is that under the provisions of the Orissa Education (Recruitment and Conditions of Services of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, the Governing Bodies are prohibited from filling up vacancies as the same...
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ1337
A.K. Parichha, J.1. This is an application under Articles 226 and 227 of the Constitution of India to quash the judgment dated 12-8-2003 passed by the learned District Judge, Sambakmr in FAO (Confiscation) Case No. 9 of 2003 (Annexure-2) confirming the order dated 10-2-2003 passed by the Authorised Officer-cum-Assistant Conservator of Forests, Khariar Division in O.R. Case No. 96-P of 2002 (Annexure-1) directing confiscation of the vehicle bearing registration No. HR-51-GA-0236 belonging to the petitioner.2. Shorn of unnecessary details, the facts leading to the present wilt application are as follows :The petitioner is the registered owner of the truck bearing registration No. HR-51-GA-0236 and he had engaged one Haradayal Singh as the driver of the said truck. On 20-1-2002 the said truck was found carrying 5025 Kgs. of processed kendu leaves without valid documents and T.T. permit for which the police authorities of Padmapur Police Station sezied the truck, kendu leaves, documents of...
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT501
P.K. Tripathy, J.1. Smt. Mayarani Biswas (Petitioner in WP(C) No. 693 of 2005) filed Election Petition under Section 31 of the Orissa Grama Panchayat Act, 1964 (in short 'G.P. Act') challenging to the Notification by which Smt. Pravasini Jena (Petition in WP(C) No. 10865 of 2004) was declared elected as the Sarpanch of Kantalabai Grama Panchayat. The result was so declared on 28.2.2002. That Election Petition was registered as Election Dispute No. 19 of 2002 in the Court of Civil Judge (Junior Division), Khurda. For the sake of convenience, in this judgment Smt. Mayarani Biswas is referred to as the Election Petitioner and Pravasini Jena as the Opp. Party.2. In the Election Petition, petitioner challenged to the election of the Opposite Party as the Sarapanch, precisely on three grounds, viz.,(i) Pravasini gave birth to the 3rd child, i.e. the daughter Ranu @ Madhusmita Jena on 6.5.1997, i.e. after the expiry of the cut off date on 21.4.1995, as provided in Section 25 (i)(v) of the G.P...
Tag this Judgment!Court : Orissa
Reported in : 2005(II)OLR598
P.K. Tripathy, J. 1. Order of the learned District Judge, Khurda at Bhubaneswar passed on 09.08.2004 in Election Misc. Case No. 114 of 2002 registered under Section 45-B of the Orissa Panchayat Samiti Act, 1959 (in short 'the Act 1959') in disqualifying the writ petitioner, who was opp. party No. 3 in the Court below, to hold the post of Samiti Sabhya (Panchayat Samiti Member) of Haripur Grama Panchayat as well as the post of Chairman of Jatni Block is under challenge. That application under Section 45-B was filed by opp. party No. 1. The Opp. Parties 1 and 2 in the Court below are the two Government Officials involved in the process of scrutiny and election and in this writ petition they are Opp. Parties 2 and 3.2. Opp. Party No. 1 filed the above Election Misc. Case inter alia alleging disqualification of the petitioner on the ground that the 3rd child of the petitioner was born on 25.05.1998 and, therefore, in view of provision of law in Clause (v) of Section 45 of the Act 1959, pet...
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ80
ORDERP.K. Tripathy, J.1. Heard.2. Petitioners pray to quash the criminal proceedings registered as G. R. Case No. 1263 of 2004 of the Court of S. D. J. M., Berhampur on the ground that the prosecutrix Jamuna Jani voluntarily went and cohabited with the petitioner No. 6 Gouranga Behera and they have got married. Petitioners further state that because of such circumstance learned Sessions Judge allowed accused Gouranga to go on bail as per order dated 6-1-2005 in Bail Application No. 857 of 2004. Petitioners thus state that no useful purpose will be served by continuing the criminal proceeding when the prosecutrix is staying with the accused persons. Accordingly they have applied to this Court to invoke the inherent power and to quash the aforesaid criminal proceeding.3. Annexure-1 is the certified copy of the F.I.R. It appears from that document that prosecutrix has been described to be a girl aged 15 years by the date of occurrence. It. is alleged in the F.I.R. that she was kidnapped b...
Tag this Judgment!Court : Orissa
Reported in : 100(2005)CLT724; I(2006)DMC68; 2005(II)OLR682
Pradip Mohanty, J. 1. This is an appeal under Section 19 of the Family Courts Act filed by the wife-appellant challenging the judgment dated 18.10.2001 in Civil Proceeding No. 264 of 1998 of the learned Judge, Family Court, Cuttack.2. The case of the husband-respondent in brief is that the wife-appellant was suffering from organic brain disorder and recurrent attack of epilepsy since long prior to, the marriage. This fact was suppressed to the respondent and his family members and fraudulently the marriage was solemnized on 18.6.1997. During the stay of the wife-appellant in the matrimonial house, the husband-respondent noticed some abnormality and loss of self-control of the wife-appellant. On 25.6.1997 at about 11.00 p.m. the appellant fell down in the bed room and lost her senses and after some time she regained her sense. Ultimately, on 27.8.1997 she had an attack of virulent type of fits and after some time she regained her sense. Thereafter, the wife-appellant insisted to go to t...
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