Orissa Court May 2006 Judgments
Naba Apot Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-19-2006
Reported in: 2006(II)OLR21
M.M. Das, J.1. As both the writ petitions arise out of similar facts and involve the same point of law and have been filed by the same petitioner, both the petitions are disposed of by this common judgment.2. The petitioner in W.P.(C) No. 2373 of 2006 has called in question the order dated 10.1.2006 passed by the Competent Authority-cum-Deputy Director of Mines, Joda in Confiscation Proceeding No. 50 of 2005 under Section 16(3) of the Orissa Minerals (Prevention of Theft, Smuggling and Ors. Unlawful Activities) Act, 1989 (for short 'the State Act'). By the said order dated 10.1.2006, the Competent Authority-cum-Deputy Director of Mines directed confiscation of the vehicle (Tipper) bearing registration No.OR-04-D-3035. Similarly, in W.P.(C) No. 2377 of 2006, the petitioner phallenges the order dated 10.1.2006 of the same authority in Confiscation Proceeding No. 51 of 2005 directing confiscation of the vehicle (Tipper) bearing Registration NO. OR-09D-6322.3. The factual allegations made ...
Tag this Judgment!Rabinarayan Hati Vs. Nityananda Patra and anr.
Court: Orissa
Decided on: May-19-2006
Reported in: 102(2006)CLT236; 2006(II)OLR184
I.M. Quddusi, J.1. The instant writ application has been filed against the judgments and orders dated 13.5.2005 and 7.2.2006 passed by the learned Civil Judge (Senior Division), Kendrapara in Election Misc. Case No. 1 of 2002 and the District Judge, Cuttack in Election Appeal No. 4 of 2005 respectively2. We have heard Mr. S.K. Das, learned counsel for the petitioner and Mr. P. K. Routray, learned counsel for the opposite party No. 1 No one has put in appearance on behalf of opposite party No. 2.3. The brief facts of the case are that the election in respect of the post of member of Panchayat Samiti of Rangani Grama Panchayat, Dist. Kendrapara was held on 19.2.2002 under the Orissa Panchayat Samiti Act, 1959 (hereinafter referred to as 'the Act, 1959') in which the petitioner as well as opposite parties were candidates. After the polling was over, the Presiding Officer of each booth took up the scrutiny of the ballot papers and thereafter counted the ballots in their respective booths i...
Tag this Judgment!Maheswar Mohanty Vs. State of Orissa
Court: Orissa
Decided on: May-19-2006
Reported in: 2006(II)OLR67
M.M. Das, J.1. These two Criminal Misc. Case have been filed by one Maheswar Mohanty who is admittedly an elected Member of the Legislative Assembly from Puri Constituency and at present being elected as the Speaker, is functioning as such. The prayer made in both the Criminal Misc. Cases is for quashing the connected criminal cases instituted against the petitioner and others in relation to an alleged occurrence of the year 1984 being registered as G.R. Case Nos. 1487 and 1488 of 1984 pending before the learned S.D.J.M., Bhubaneswar.2. The facts of the case reveal that the student action committee gave a call to have a mass rally in the Parade Ground on 3.8.1982. For that purpose, an application was made for permission to take out the procession of five thousand students from new railway station to lower P.M.G. Crossing via Master Canteen-Raj Mahal Bus Stand at Bhubaneswar and the I.I.C. of Capital Police Station issued the said permission/licence imposing certain restrictions therein...
Tag this Judgment!Smt. Manjushree Patnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-2006
Reported in: 2006(II)OLR50
B.P. Das, J.1. The petitioner, who is an approved Lecturer in an aided college, has filed this writ petition, inter alia, with the following prayer: Issue rule Nisi upon the opposite parties to show cause as to why Annexure-10 shall not be quashed and as to why a writ of mandamus should not be issued to the opposite parties directing them to pay U.G.C. scale of pay to the petitioner along with arrear differential salary from the date she is entitled thereto and upon their showing no cause or showing insufficient cause to make the said rule Nisi as absolute. Annexure-10 is the order dated 23.6.2005 passed by the Commissioner-cum-Secretary to Government in Higher Education Department, O.P.1., rejecting the claim of the petitioner for grant of University Grants Commission Scale of Pay (in short, U.G.C.) which is sought to be quashed in this writ petition.2. The facts as delineated in the writ petition tend to reveal that by order dated 8.9.1980, Annexure-1, the petitioner was appointed as...
Tag this Judgment!Nalini Kumar Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-2006
Reported in: AIR2006Ori154; 2006(II)OLR64
M.M. Das, J.1. The petitioner calls in question the order dated 19.3.2002 passed in O.M.M.C. No. 19 of 2001-02 by the Tahasildar, Dhenkanal and the order dated 8.5.2002 passed in O.M.M.C. Appeal Case No. 1 of 2002 passed by the Sub-Collector, Dhenkanal.2. The petitioner being the owner of a piece of land under the jurisdiction of the Tahasildar, Dhenkanal was digging out boulders from his own land for the purpose of utilizing the said land to raise construction thereon. He received a notice from the Tahasildar, Dhenkanal in Misc. Case No. 74 of 2000-2001 in which a demand raised on him to pay Rs. 4,32,000/- towards the royalty for extraction of road metals and boulders without prior permission from the competent authority. It appears that the said demand notice was issued pursuant to the reports submitted by a Special Squad through the Sub-Collector, Dhenkanal dated 16.12.2000. The petitioner filed an objection to the said demand notice and the Tahasildar on considering the said object...
Tag this Judgment!State of Orissa and ors. Vs. Housing and Urban Development Corporation ...
Court: Orissa
Decided on: May-19-2006
Reported in: AIR2006Ori171; 2006(II)OLR99
B.P. Das, J.1. The State of Orissa represented through the Principal Secretary to Government in Housing & Urban Development Department and two other functionaries of the State have filed W.P.(C) No. 2110 of 2006 and the Bhubaneswar Development Authority represented through its Vice-Chairmanhas filed W.P.(C) No. 2126 of 2006 challenging the legality, validity and propriety of the order dated 6.2.2006 passed by the Presiding Officer, Debts Recovery Tribunal, Cuttack in M.A. No. 61 of 2006 arising out of O.A. No. 105 of 2005 directing attachment of the Bank accounts of the State Government as well as of the Bhubaneswar Development Authority. As both the writ petitions arise out of the same order, they were heard together and are being disposed of by this common judgment.2. The Bhubaneswar Development Authority ('B.D.A' shortly), which is constituted under the Orissa Development Authorities Act, availed a loan to the tune of Rs. 29.45 crores from the Housing & Urban Development Corporation...
Tag this Judgment!Abdul Rashid Khan Vs. Mustafiran Bibi and ors.
Court: Orissa
Decided on: May-19-2006
Reported in: AIR2006Ori186; 2006(II)OLR94
Pradip Mohanty, J.1. The above two appeals under Section 19 of the Family Courts Act, 1984 arise out of the judgment and order dated 29.01.2005 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 5 of 1992. MATA No. 11 of 2005 has been filed by the husband, who was the respondent before the Court below, and MATA No. 13 of 2005 has been filed by the wife and children, who were petitioners there. The Civil Proceeding was filed by the wife and children with a prayer for maintenance and recovery of dower dues, besides direction for return of cash and ornaments.2. The case of the wife is that the husband was serving in military as a Jawan and was drawing salary of Rs. 2,500/- per month in the year 1983. He was sending money to his widowed mother and sister, who were spending the entire amount and not paying anything for food and clothing of the wife and children as well as for education of the children. They were also ill-treated. In July, 1990 the husband came to the matrimo...
Tag this Judgment!Smt. Padamabati Lenka Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-19-2006
Reported in: 102(2006)CLT65; 2006CriLJ3718; 2006(II)OLR109
A.K. Ganguly, J.1. This writ application has been filed challenging the order dated 7.10.2005 passed by the Addl. District Judge (F.T.C.), Baripada, dismissing F.A.O. No. 8/23 of 2005. The said appeal was filed challenging an order dated 24.5.2005 passed by the Authorised Officer-cum-Asst. Conservator of Forests, Baripada Division, in O.R. Case No. 19-R of 2004-2005.2. The material facts of the case are that the petitioner is the owner of Mahindra Pick Up Van having registration No. OR-1F/4229. The said Van was seized on 29.7.2004 by the forest authorities at P.W.D. Road (Rasgovindpur to Amarada) near Sarumulla. Pursuant to such seizure of the vehicle, a prosecution report was submitted by the Forester, Rasgovindpur section for initiation of confiscation proceeding under Section 56 of the Orissa Forest Act (hereinafter referred to as the 'Act').3. The allegations of the opposite parties are that at about 1.00 P.M. on 29th July 2004 the said Van was seized with 450 bundles of Sal leaves...
Tag this Judgment!Shri Biranchi Narayan Nanda Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-2006
Reported in: 2006(II)OLR230
R.N. Biswal, J.1. In this writ petition the petitioner has challenged the advertisement dated 11.8.1998 published in Oriya daily 'The Sambad' calling applications from intending persons for opening a 24 hours 'day and night' medicine store in the campus of the Sub-divisional Hospital, Kamakhyanagar, in the district of Dhenkanal.2. As per the writ petition, in response to an earlier advertisement made in the same Oriya daily, 'The Sambad' dated 27.11.1991 inviting applications from intending candidates for opening a day and night medicine store in the same campus, the petitioner made an application in the prescribed manner within the stipulated time. During pendency of the application of the petitioner and the applications of other applicants, Subash Kumar Patnaik, an outsider made two representations in July 1992 and September, 1992 to the Minister of Health, c n receipt of which he directed the Joint Secretary, Health Service to consider the case of the petitioner favourably. Accordin...
Tag this Judgment!Varsha Fabrics Pvt. Ltd. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-2006
Reported in: 102(2006)CLT137
I. Mahanty, J.1. The petitioner-M/s. Varsha Fabrics Private Limited (registered under the Companies Act, 1956) has filed the present writ petition seeking to challenge contemplated 'fresh bid' for dis-investments of Hirakud Industrial Works Limited (in short 'HIWL'), a subsidiary Industrial Development Corporation of Orissa Limited (hereinafter referred to as 'IDCOL') as arbitrary and whimsical action of the opposite parties in view of the petitioner-company's willingness to abide by the terms and conditions of negotiation with IDCOL. The petitioner-company essentially is aggrieved by a limited period of 'seven days' given to it for compliance with the terms and conditions contained in letter dated 27.2.2006 (Anenxure-8). The said communication contained a further threat to reject the petitioner's offer, in the event of petitioner not complying with the terms, within the period stipulated and in such an event IDCOL may invite a fresh tender.Certain important facts and events, which are...
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