Orissa Court January 2006 Judgments
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BipIn Mohanty and anr. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-16-2006
Reported in: 2006(I)OLR215
A.S. Naidu, J.1. Invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioners have approached this Court with a prayer to quash the further proceedings of 2(c)CC No.56 of 1997 pending in the Court of the learned SDJM, Sambalpur.2. Bereft of unnecessary details, the short facts as would be evident from the averments made in the petition are that on the basis of a prosecution report filed by the Food Inspector of Sambalpur Municipality on 4th July, 1997, the aforesaid complaint case was registered alleging commission of offences under Sections 16(1)(a)(i) read with Sections 2(ix)(k), 7(ii) of the Prevention of Food Adulteration Act, 1954 and Rule 32 of the Prevention of Food Adulteration Rules, 1955. It was alleged in the prosecution report that the said Food Inspector had visited the Eastern Road Service Depot of M/s. Hindusthan Lever Limited, BBIL Division where petitioner No.1 was the salesman and petitioner No.2 was the manager and...
Surendra Samal and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-16-2006
Reported in: 101(2006)CLT448; 2006(I)OLR501
N. Prusty, J.1. This application has been filed by the petitioner challenging the Order dated 5.9.2005 passed by the Learned Commissioner, Consolidation & Settlement, Orissa, Bhubaneswar, in R.P. No. 173 of 2005 (Annexure-3), on the ground that without assigning any reasons only on the insistence and vehement objection made by the Learned Addl. Standing Counsel, the case was dismissed, in spite of the observations made by the Learned Commissioner himself in Paragraph 4 of the impugned order.2. Dr. Rath, Learned Counsel for the petitioner submits that since no reason has been assigned by the Learned Commissioner while passing the impugned order, which is also completely against his own observations made in paragraph 4 of the order, the same is liable to be set aside and the matter has to be remanded back for its fresh adjudication and disposal, in accordance with law, by passing a reasoned/speaking order.3. Even thought the matter was listed for admission, keeping in view the nature of ...
Brundaban Mohanty Vs. Dushasana Jena and Seven ors.
Court: Orissa
Decided on: Jan-13-2006
Reported in: 101(2006)CLT323
P.K. Tripathy, J.1. Writ petitioner is the elected Sarpanch of Khairapalli Gram Panchayat under Ranpur block in the district of Nayagarh. Opposite party No. 1 and opposite party Nos. 2 to 7 were contesting for the said post together with the writ petitioner. After the writ petitioner became successful in the election and declared elected, opposite party No. 1-Dushasan Jena filed Election Petition under Sections 30 and 31 of the Orissa Gram Panchayat Act, 1964 (in short 'the Act') inter alia on the ground that petitioner does not belong to other backward caste as notified by the State Government. The other contesting candidates in the election, such as the opposite parties 2 to 7 did not contest that Election Case registered as Election Petition No. 3 of 2002 in the Court of Civil Judge/(Jr. Division), Nayagarh. It is the writ petitioner who alone contested that case and inter alia advanced the contention that he is a member of other backward caste. Considering the rival pleadings of th...
Prasana Kumar Patra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jan-13-2006
Reported in: 2006(I)OLR156
L. Mohapatra, J. 1. The petitioner, a former Judge of this Court, has filed this writ application for a direction to the opposite parties to sanction death-civm-retirement gratuity of Rs. 3,50,000/-instead of Rs. 2,50,000/- and pay differential amount of Rupees one lakh and also for extension of medical facilities to him and his family members.2. The petitioner joined in Judicial Service (Class-II) and served in different capacities from August, 1968 to March, 1981- He was promoted to the post of Subordinate Judge (OJS Class-I) and served as such in different capacities from March, 1981 to November, 1985. He was then promoted to the post of Chief Judicial Magistrate (Orissa Superior Judicial Service, Junior Branch) on 4.11.1985 and served as such till March, 1987. Thereafter, he was promoted to the post of District Judge (Orissa Superior Judicial Service, Senior Branch) and served in different capacities from March, 1987 to June, 1999. The petitioner was elevated to the Bench as Additi...
State Vs. Khageswar @ Santosh Behera
Court: Orissa
Decided on: Jan-13-2006
Reported in: 2006CriLJ1971; 2006(I)OLR374
A.K. Parichha, J.1. The above noted Death Reference and Jail Criminal Appeal arise out of the judgment dated 1.2.2005 passed by learned Sessions Judge, Keonjhar in S.T. Case No. 4 of 2003 and so both are disposed of by this common order.2. Prosecution was launched against the accused-appellant with the allegation that in spite of having a wife named Kuni Behera and three children, the accused had an evil eye on the wife of Puria Perei and for that reason he was neglecting his wife and children and so Kuni and her children were living in the house of the parents of Kuni Behera for some time, When the matter stood thus, the accused came to the house of his in-laws on 13.6.2002 on the pretext of taking back his wife and children, but early in the next morning he left that place without taking his family. So, the brother of Kuni took Kuni and her children to Pani Koil Chhak and left them in the custody of the accused. Thereafter on 17.6.2002 the dead body of Kuni was found in a Nala near S...
Natabar Mohanty Vs. Union of India (Uoi) and Four ors.
Court: Orissa
Decided on: Jan-13-2006
Reported in: 2006(I)OLR354
ORDER1. The petitioner who is applicant in O.A. No. 237 of 2002 before the Central Administrative Tribunal, Cuttack Bench has filed this writ application challenging the judgment and order dated 22.7.2004 passed by the Tribunal in the aforesaid case.2. Grievance of the petitioner before the Tribunal was that great injustice has been done by not giving him proper fitment in terms of the Technical Service Rules of the Indian Council of Agricultural Research which came into effect from 1.10.1975 and that he has been discriminated in this regard and juniors to the petitioner have been allowed to enjoy higher scale of pay and better service benefits under the said Rules. Further case of the petitioner is that he joined in service under the opposite parties as Field Assistants in the scale of pay of Rs. 110-200/- and was promoted to Grade of Senior Field Assistant with effect from 1.7.76. Shortly before his promotion, in the year 1975 the opposite party-Organisation was declared as a Society...
Sri Krishna Chandra Mohapatra and ors. and Jagdish Prasad Agrawalla Vs ...
Court: Orissa
Decided on: Jan-10-2006
Reported in: 101(2006)CLT201; 2006(I)OLR223
M.M. Das, J.1. As all these writ petitions filed under Article 226 of the Constitution of India arise out of the same set of facts and involve common question of law pertaining to selection, promotion and appointment of the petitioners in all the aforesaid writ petitions except in W.P.(C) No. 4570 of 2005, to the cadre of Indian Administrative Service (for short, 'I.A.S') from the cadre of Orissa Administrative Service, they were heard analogously, and are being disposed of by this common judgment.2. W.P.(C) No. 4570 of 2005 has been filed by the Union Public Service Commission (for short, 'U.P.S.C.') challenging the order dated 3.11.2004 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack (for short, 'the Tribunal') in O.A. No. 1255 of 2003.3. Three Original Applications, i.e., O.A. Nos. 1255 of 2003, 588 of 2003 and 2 of 2004 were filed by different persons, namely, Aswini Kumar Das, Dr. Prafulla Kumar Chaulia and Pramod Chandra Patnaik respectively before the Tribu...
Bikram Mohanty Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-10-2006
Reported in: 101(2006)CLT500
ORDERSujit Burman Roy, C.J.1. The petitioner claiming himself to be a public spirited person has filed this Writ Application with the following prayer:It is therefore, prayed that this Hon'ble Court may graciously be pleased to admit this Writ Petition and to issue a Rule NISI to show cause as to :(i) why the actions of the Opp. Parties by calling for the tender under Annexure-4 will not be declared as a wrong and illegal; and(ii) why a Writ of mandamus will not be issued to the Opp. Parties to stop the chain-link-fencing work around Paradeep Oil Refinary Project as the same is not necessary and caused the loss of public money; andIf the Opp. Parties do not show cause or show insufficient cause, then the Rule be made absolute by issuing an appropriate Writ/direction/ order(s) as the circumstances justified.2. Mr. S.S. Das, Learned Counsel for the petitioner submits that the Indian Oil Corporation Ltd. being an undertaking of the Government of India, has decided to establish an Oil Refi...
Kishan Devi and Five ors. Vs. Gayaprasad and anr.
Court: Orissa
Decided on: Jan-09-2006
Reported in: AIR2006Ori78; 101(2006)CLT326
P.K. Tripathy, J.1. This appeal has come on the list as 'to be mentioned'. Heard further argument from both the parties and the judgment is as follows.2. Sole plaintiff in Title Suit No. 14 of 1974 of the Court of Subordinate Judge, Rourkela filed this appeal. Defendant No. 2 in that suit claiming to be the purchaser of the suit land, has filed Cross Objection challenging to the finding recorded by Learned Subordinate Judge on issue No. 4. Both appeal and the cross objection are heard and disposed of by this common judgment.3. Admittedly, late Kanaihalal Nau was the owner of the suit land measuring an area of one and half decimals. In fact, he was owner of three decimals of land of plot No. 266, i.e., the suit plot. Admittedly he alienated one and half decimals of land to the sole plaintiff Muralilal Agrawal. According to the case of the plaintiff, one thatched house was there on each of the said Ac. 0.01 and 1/2 decimals of land possessed by the plaintiff and his vender. Plaintiff and...
Rama Narayan Padhy Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jan-09-2006
Reported in: 2006(I)OLR293
B.P. Das, J.1. The petitioner has filed this writ application, inter alia, with the following prayers :(i) to issue a writ of mandamus to the Board of Secondary Education, Orissa to calculate the arrear pension concerning the petitioner from 30.9.84 till date and to pay it forthwith.(ii) to issue appropriate direction to opposite party No. 2 directing it to count the past service of 17 years of the petitioner for the purpose of commutation of pension and to release the enhanced pension from the date of eligibility.(iii) to issue appropriate direction to opposite party No. 2 to release full pension and not provisional pension as has been applied in case of petitioner.2. The brief facts as delineated in the writ application tend to reveal as follows :The petitioner after acquiring Bachelor Degree in Arts and Diploma in Education joined as Assistant Teacher in George V High School, presently known as Badakhemundi High School, at Digapahandi on 12.7.1945. Thereafter, on 3.7.1947, the petit...
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