Orissa Court July 2006 Judgments
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Damodar Hota Vs. Jeypore Municipality
Court: Orissa
Decided on: Jul-18-2006
Reported in: 2006(II)OLR441
A.K. Parichha, J.1. Both the appeals are taken up together for admission and final disposal as they arise out of a composite judgment passed by the learned Ad hoc Addl. District Judge, Jeypore in Money Appeal Nos. 1 of 2001 and 2 of 2001 (previously numbered as Money Appeal Nos. 5 of 1994 & 6 of 1994 respectively).2. The respondent as plaintiff filed Money Suit No. 33 of 1 993 and 155 of 1993 for realization of the holding tax of Holding Nos. 555 and 555-A of Jeypore town respectively on the plea that the appellant-defendant who is in occupation of those holdings has defaulted in payment of holding tax. The appellant resisted the claim of the respondent pleading, inter alia, that remodeling of his house can never amount to bifurcation of the holding and tax for two holding cannot be realized from him. Appellant also took a plea that the Money Suits are not maintainable as his representations under Exts. A to C challenging the levy of tax are pending before the Executive Officer, Jeypor...
Sudarsan Parida @ Suduru Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-17-2006
Reported in: 2006(II)OLR292
S. Barman Roy, C.J.1. This is an application under Article 226 of the Constitution of India challenging the order of detention dated 30.10.2005 issued by the District Magistrate, Ganjam, Chatrapur in respect of the petitioner under Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the said Act') authorizing detention of the petitioner in the Central Jail, Berhampur so as to prevent him from acting in any manner prejudicial to the maintenance of public order.2. The impugned order of detention dated 30.10.2005 reads as under:OFFICE OF THE DISTRICT MAGISTRATE, GANJAM, CHATRAPUR.N.S.A. No. 7/2005.ORDERNo.993/Res. Dt. 30.10.2005Whereas I, Shri Sanjay Kumar Singh, IAS, District Magistrate, Ganjam have been directed in Government of Orissa, Home Department Order NO.8754/C Dt. 14.09.2005 to exercise the power conferred by Sub-section (2) of Section 3 of the National Security Act, 1980.Whereas I am satisfied that with a view to preventing Suduru @ Suda...
Sri Artatrana Singh Deo Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-17-2006
Reported in: 102(2006)CLT292
M.M. Das, J.1. In this writ petition filed in the nature of Public Interest Litigation, the petitioner, namely, Shri Artatrana Singh Deo, though has impleaded the State as an opp. party, but has sought for eviction of encroachers over plot Nos. 1495 and 1501 of Bolangir Nazul under Khata No. 4 of the Settlement of the Year 1936, which' according to the petitioner, is to an extent of Ac. 1.533 decimals and corresponds to plot No. 58 and other plots of holding Nos. 182, 831, 832 and 833 of Bolangir (kha) of the current settlement. The petitioner has further sought for restraining the private opp. parties 2 to 7 from effecting any transfer/alienation over the aforementioned land and has also sought for a direction to the opp. party No. 1 to dispose of the Ceiling Proceedings on the Orissa Land Reforms Act stated to be pending against the opp. parties 2 to 7 within a stipulated time.2. Parties to this writ petition have exchanged their affidavits and when the matter was taken up for hearin...
Sawarmal Agrarwal Vs. State of Orissa and anr.
Court: Orissa
Decided on: Jul-17-2006
Reported in: AIR2007Ori22; 102(2006)CLT485
ORDERM.M. Das, J.1. Though this writ petition was listed for admission as the parties have already exchanged their respective affidavits, with consent of both the parties, the matter was heard finally.2. The Petitioner was granted a mining lease for a period of 20 years with effect from 7.12.1982 for mining Quartz and Felspar from the lease area as per the provisions of the Mineral Concessions Rules, 1960 (hereinafter referred to as 'the Rules'). The petitioner before one year of the expiry of the said lease, filed an application for renewal of the lease along with proof of payment of the renewal fees, in form 'J' as prescribed under the Rules. It appears that by the order dated 1.2.2006 under Annexure-3, passed by the Under Secretary to Government, the renewal application of the petitioner has been rejected. Being aggrieved by the said order, the petitioner has approached this Court under Article 226 of the Constitution in the present writ petition.3. A counter affidavit has been file...
Barabati Gas, Through Its Proprietor, Shri Bijay Kumar Bagaria Vs. Ind ...
Court: Orissa
Decided on: Jul-17-2006
Reported in: 102(2006)CLT390
M.M. Das, J.1. The petitioner, in the present writ petition, has challenged the action of the opp. party No. 1 Indian Oil Corporation Ltd. (for short, 'the IOCL') in attempting to appoint the opp. Party No. 2 as its Carrying and Forwarding Agents (CFAs) for lubricants of the Division Office of the opp. party No. 1-company situated at Bhubaneswar for the areas of Cuttack and Sambalpur. In the writ petition, the petitioner has stated that it is a Proprietorship concern functioning at Link Road, Cuttack as Distributor of Indane Gas supplied by the IOCL since, 1982. A Notice Inviting Tender (for short 'the NIT') was issued by the IOCL inviting offers from competent and experienced parties with sound technical and financial capabilities fulfilling the qualifying requirements, as prescribed in the said NIT as well as the tender documents for being appointed as CFAs for lubricants manufactured by the said company for Cuttack and Sambalpur. A set of instructions for filling up the tender form ...
Smt. Gouri Sethi Vs. the Divisional Manager of L.i.C. and ors.
Court: Orissa
Decided on: Jul-14-2006
Reported in: IV(2006)ACC182; 2007ACJ2510; AIR2007Ori19; 102(2006)CLT209; 2006(II)OLR224
R.N. Biswal, J.1. Late Surendra Sethi, the husband of the petitioner who was serving as a Gate Keeper in S.E. Railway, Balasore, (Kharagpur Division) assured his life for Rs. 50,000/- (Fifty thousand only) under opp. party No. 1, with effect from 28.12.1994 vide Policy No. 580885 328, which was to mature on 28.12.2009, wherein the petitioner was shown as nominee. He went on depositing the premium of Rs. 2260/- till his death, on 13.4.1996, due to Cardiac Vascual Arrest and Hemiplegia. The petitioner made several representations to the opp. parties for settlement of the assured value of the L.I.C. policy undertaken by her deceased husband, but to no effect. Ultimately she served a notice on opp. party No. 2, through her advocate on 22.2.1997, in respnse to which he sought for some documents with intention to delay the matter. So she filed the writ petition to direct the opp. parties to release the assured amount in her favour.2. In their counter affidavit opp. parties 1 to 3 contended t...
Sebati Behera Vs. Subasi Nayak and anr.
Court: Orissa
Decided on: Jul-14-2006
Reported in: 102(2006)CLT409; 2006(II)OLR363
P.K. Tripathy, J.1. Judgment of learned Civil Judge (Junior Division), Kamakshyanagar in Election Misc. Case No. 8 of 2002 and the confirming judgment of learned Ad hoc Addl. District Judge, Kamakshyanagar in F.A.O. No. 5/2 of 2003-04 is under challenge.2. Facts leading to the dispute are that the writ petitioner Sebati Behera (hereinafter referred to as opposite party No. 2) and opposite party No. 1 Subasi Nayak (petitioner in the Election Misc. Case and hereinafter referred to as 'the petitioner') were the two rival candidates contesting for the post of Sarpanch of Kalada Grama Panchayat under Parjang P.S. in the district of Dhenkanal. That post of Sarpanch is reserved for candidates belonging to scheduled castes, On 21.01.2002 nomination papers were filed. On 22.01.2002 nomination papers were accepted after scrutiny by the Election Officer, who is opposite party No. 2 in this writ petition and was opposite party No. 1 in the Election Misc. Case. At that stage petitioner raised objec...
Sarangadhar Martha Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-13-2006
Reported in: 2006(II)OLR401
ORDER1. Heard Mr. Rabinarayan Nayak, learned Counsel for the petitioner and learned Additional Government Advocate for the State.2. This writ petition has been filed against the impugned order dated 9.9.2005 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 784 of 2005 which was filed by the petitioner against the impugned order of his transfer from Khariar to Angul in the post of Assistant Conservator of Forest, Working Plan Division, Angul, dismissing the Original Application.3. Transfer is of one of the exigencies of service of a Government servant and if the Government have transferred a Government servant on public interest or on some administrative ground there is no scope for the Tribunal or this Court to interfere in the matter.4. Before the Tribunal, the petitioner tried to take a plea that he was transferred four times within a span of two years, on which the Tribunal scrutinized the relevant documents and found that his first transfer from Khariar to Bhaw...
Khairu Kissan Vs. State of Orissa
Court: Orissa
Decided on: Jul-13-2006
Reported in: 102(2006)CLT631
J.P. Mishra, J.1. accused-appellant has preferred this appeal against the judgment of the Learned C.J.M.-cum-Assistnat Sessions Judge, Jharsuguda convicting him under Section 376(2)(f) of the IPC and directing him to undergo RI for ten yeas in Criminal Trial No. 90/8 of 2002/S.T. No. 246/17 of 2002.2. On the date of occurrence, Le., 16.10.2001, at about 7 P.M., the parents (P.Ws. 7 & 10) who were in search of their minor daughter aged about five years for feeding her could hear her crying from their front door neighbour Gula Kissna's house. They entered inside the house of Gula Kissan through the front door and found the accused-appellant-Khairu Kissan, son of Gula Kissan, committing rape on their minor daughter in their Bari side. The appellant took to his heels to whom the father of the victim could not reach in spite of his effort. They found the girl crying in pain. They also found her bleeding from her private part. They went to the Ward Member-Ashok Pradhan (P.W. 1) who wrote a r...
Dibakar Sahoo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jul-12-2006
Reported in: 103(2007)CLT82; 2006(II)OLR222
L. Mohapatra, J.1. Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the opposite party No. 5.2. The petitioner has filed this writ application challenging the legality of the order passed by the Collector, Bhadrak on 6.3.2006 in Annexure-5 appointing opposite party No. 5 as Kerosene Oil Sub-wholesaler at Raipur under Chandabali Block. 3. The grievance of the petitioner is that he had been appointed as a Sub-wholesaler for three Gram Panchayats, namely Panchutikiri, Totapada and Gopinathpur under Chandabali Block. According to the learned counsel, the total population of the three Grama Panchayats will be around 23,000. The learned counsel appearing for the petitioner further submitted that since there is no allegation against the petitioner with regard to distribution of kerosene oil to the consumers, there was no reason for the State authority to appoint opposite party No. 5 as Sub-wholesaler for the said Block affecting the petiti...
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