Orissa Court November 2007 Judgments
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Sri Gouranga Das Vs. Tahasildar and ors.
Court: Orissa
Decided on: Nov-08-2007
Reported in: AIR2008Ori77; (2008)106CALLT222; 2008(I)OLR213
L. Mohapatra, J.1. This writ application is directed against the order dated 21.1.2007 passed by the learned Civil Judge (Senior Division), Balasore in Civil Suit No. 107 of 2007 rejecting an application filed by the plaintiff-petitioner for dispensing with notice on the State under Section 80(2) of the Code of Civil Procedure and returning the plaint with liberty to re-file the same after compliance of Section 80(1) of the C.P.C.2. The learned Counsel for the State at the time of admission challenged the maintainability of the writ application on the ground that in view of amendment in the Civil Procedure Code in Section 115, the writ application is not maintainable and the petitioner should have filed a revision under Section 115 of the Code of Civil Procedure challenging the impugned order. In view such objection raised, the learned Counsel for the parties were heard on maintainability as well as merit.3. The plaintiff who is petitioner before this Court had filed A a suit for decla...
L.A. Collector Vs. Sarat Chandra Satpathy and anr.
Court: Orissa
Decided on: Nov-08-2007
Reported in: 2008(I)OLR262
ORDERA.K. Parichha, J.1. This is an appeal filed by the State against the award passed by learned Civil Judge (Senior Division), First Court, Cuttack in L.A. Misc. Case No. 38/87 answering a reference under Section 18 of the L.A. Act.Ac. 0.66 decimals of land appertaining to Khata No. 703 of village-Nimpur Belonging to the claimant-respondents was acquired for the purpose of Mahanadi-Birupa Barrage Project by notification published under Section 4(1) of the L.A. Act (hereinafter referred to as 'the Act') dated 07.05.1983. The land Acquisition Collector awarded compensation at the rate of Rs. 1,00,000/- per acre for Gharbari and Rs. 80,000/-for Biali kisam of land. The claimant-respondents accepted the said compensation under protest and prayed for reference-of the matter to the Civil Court for adjudication of the proper market value of the lands. That is how, the matter came up before the learned Civil Judge.1. To substantiate their claim of higher compensation, the claimant No. 1 exam...
Lipika Tunga W/O. Mr. Timira Baran Das Vs. State of Orissa Represented ...
Court: Orissa
Decided on: Nov-07-2007
Reported in: 105(2008)CLT50; 2008(1)OLR65
ORDERN. Prusty, J.1. The Petitioner, response to the notification dated 10.04.2006 (Annexure-1), had applied for her engagement as Anganwadi Worker in respect of Gauriprasad Anganwadi Centre under Chandbali I.C.D.S. Project in the District of Bhadrak. The above said advertisement was made while the old guidelines, with regard to engagement of Anganwadi worker, was in vogue.2. It is submitted that after submission of applications, the process of selection commenced and while the same was almost at the stage of completion, another 'guidelines with regard to engagement of Anganwadi Worker' was issued by the Government on 02.05.2007 in supersession of earlier guidelines. There was no clause in the new guidelines stipulating anything as to whether the same would have prospective on retrospective effect. But in the forwarding letter of the Commissioner-cum-Secretary it has been mentioned that:Wherever the Anganwadi Workers have not been selected and engaged as per the earlier guidelines, the...
Siben Mitra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-07-2007
Reported in: 105(2008)CLT302; 2008(I)OLR16
ORDERN. Prusty, J.1. The petitioner is presently working as Lecturer in Geology in Adikabi Saraladas College, Tirtol in the district of Jagatsinghpur. It is submitted that his service has been approved and he is receiving his salary regularly. But unfortunately his arrear salary for the period from June 1986 to November 1987 and arrear differential Salary from December 1987 to September 1993 have not been disbursed thereby causing great prejudice to him.2. Heard. Mr. Mohanty, learned Counsel for the petitioner and Mr. Mishra, learned Additional Government Advocate for the State.3. As it appears in this writ petition, the petitioner has claimed his arrear salary for the years 1986 to 1987 and 1987 to 1993. As such in the meantime about 21 years have passed from the date of his initial claim of 1986 and 14 years have passed from the date of his final claim of 1993. Law is well settled that even though there is no prescribed period of limitation for filing a writ petition, but the same sh...
Kuna @ Sanjaya Behera and Pravati Behera Vs. State of Orissa
Court: Orissa
Decided on: Nov-07-2007
Reported in: 2008(I)OLR219
1. Heard.2. Both the appeals have been preferred by each of the accused persons as against the order of conviction recorded by the learned Addl. Sessions Judge, Baripada on 21.6.2001 in S.T. Case No. 48/38 of 2000 arising out of G.R. Case No. 167 of 2000 of the Court of S.D.J.M., Baripada.3. The fact as available in the lower Court record is to the effect that Santosh Behera is the deceased. Accused Pravati Behera (appellant in J.Crl. Appeal) was his wife. It is alleged-that accused Sanjaya Behera, a man aged about 20 years had illicit relationship with accused Pravati Behera. Accused Sanjaya disclosed to Niranjan Behera (P.W.1), nephew of the deceased in the night of 19.2.2000 that if anybody would interfere with his relationship with accused Pravati, he would be severely dealt with.4. According to the case of the prosecution, in the night of 19/20.2.2000 a video show was organized in the village and while accused Pravati and the deceased were in their house, their three children had ...
Pankajbasini Debi W/O. Late Bansidhar Mishra, Vs. Collector,
Court: Orissa
Decided on: Nov-06-2007
Reported in: 105(2008)CLT53; 2008(1)OLR78
ORDER1. Heard.The order, Annexure-5 passed by the Collector, Dhenkanal on 30.10.20.00 in Grievance Cell is under challenge. That order reads as follows:This is part up today. Both parties present. Heard them. It is contained by the Petitioner that the disputed land in question has been settled in the Bebondobasti case No. 26/90 in the name of the Petitioner and Patta has been issued in her favour by the Tahasildar. It is stated by that the O.P. is creating disturbance in her possession from the case land O.P. is present and sated that he had got an area of 0.108 bearing plot No. 5618 under Khata No. 2600 of village Dhenkanal town through a gift deed No. 48/Dt.30/ 12/1965 and in peaceful.It is seen that the entire case land has been settled by the O.E.A. Collector in the Bebandobasti case No. 26/90 in favour of the Petitioner and the Hal R.O.R. has been corrected in her favour.The O. P. has not taken any step till date to establish his title over the case land. The land in question was ...
Debendranath Kar (Since Deceased) and After Him His L.Rs. Smt. Bharati ...
Court: Orissa
Decided on: Nov-06-2007
Reported in: 105(2008)CLT377; 2008(I)OLR87
Sanju Panda, J.1. Debendranath Kar had filed this writ petition alleging that though he is entitled for a plot, the opposite parties are not allotting the same in his favour in exchange of his plot acquired under the Land Acquisition Act. During the pendency of the writ petition, Debendranath died and thereafter his legal representative have been substituted in his place.2. The case of the petitioner-late Debendranath Kar, in brief, is that the petitioner had purchased a land measuring an area of Ac. 0.60 dec. (11/2 gunths) out of plot No. 676 under Khata No. 102 in Mouza Gandarpur. The said plot was acquired in a Land Acquisition Proceeding in the year 1974 for Sikharpur Housing Scheme. The petitioner immediately made an application to exclude his plot from acquisition in order to enable him to retain the same to construct his small house according to the specifications of the Town Planning Authority under Section 79 of the Orissa Town Planning & Improvement Trust Act, 1956 (in short ...
Disari Sanyasi (Having Died) Rama Chandra Disari and ors. Vs. Matam Ch ...
Court: Orissa
Decided on: Nov-06-2007
Reported in: 2008(I)OLR335
A.K. Parichha, J.1. This is an appeal against the judgment and decree passed by the learned Addl. District Judge, Jeypore in Title Appeal No. 4 of 1985 reversing the judgment and decree of the learned Addl. Munsif, Jeypore in Title suit No. 24 of 1980.2. The appellants as plaintiffs filed the above noted suit with a pleading that the property described in the Schedule of the plaint is the joint family property of the plaintiffs and the father of the defendant namely Disarl Damdu. This Disari Dambu had no male issue, but had only a daughter, defendant No. 1. So he adopted plaintiff No. 3 as his son. The defendant was married and was living in her husband's village for last 40 years but after the death of Disari Dambu she claimed right, title over the suit property of Disari Dambu as the legal heir and also basing on a gift deed allegedly executed by the said Disari Dambu. Since there was a scramble for possession a 145, Cr.P.C. proceeding was initiated in the Court of Executive Magistra...
Premananda Das Vs. Tahasildar Sadar and ors.
Court: Orissa
Decided on: Nov-06-2007
Reported in: 106(2008)CLT277
Sanju Panda, J.1. The Petitioner in this Writ Petition challenges the Order Dated 30.1.2.1996 passed by the Additional Tahasildar, Cuttack in O.E.A. Case No. 55 of 1968-69 whereby the Additional Tahasildar has refused to accept the Petitioner as a tenant under Section 8(1) of the Orissa Estates Abolition Act (hereinafter referred to as 'the Act').2. The brief facts of the case are as follows:The Petitioner got a lease from the then intermediary Bhagaban Das in the year 1944 in respect of the disputed land Ac.9.00 under. Mouza Bidyadharpur. The description of the land as revealed from the records is as under:Sabik Khata No. 1Sabik Plot No. 34, Area-Ac. 9.00Corresponding to Hal Khata No. 333Hal Plot No. 92, Area - Ac.9.30 decimalsKisam Gramya Jungle The Petitioner claims that he got the lease by way of Hatapatta and the status of this land was Anabadi (Niji Chasa) as per the Record-of-Right of the year 1932. The disputed land vested in the State on 21.5.1960 and as per the provisions of ...
Ramamani Dei Vs. Tahasildar and ors.
Court: Orissa
Decided on: Nov-05-2007
Reported in: 105(2008)CLT101
ORDER1. Heard Learned Counsel for the Petitioner, Learned Standing Counsel for the State, Learned Counsel for Opposite Party No. 6 and the Writ Petition is disposed of on consent of the parties.2. The dispute starts with initiation of Lease Case No. 71/ 79 of 1979 in Binjharpur Tahasil of district Jajpur. Petitioner applied for settlement of Ac.0.30 decimals of land in her favour from Plot No. 2421 under Khata No. 66 in Mouza Ratalanga with the assertion that she has encroached that area and in possession of that land. On 02.02.1980 Learned Tahsildar, Binjharpur passed order for settlement of Ac.0.04 decimals of land in her favour. Petitioner preferred Encroachment Appeal Case No. 6 of 1981 before the Sub-Collector, Jajpur. On 30.7.1992 Learned Sub-Collector set aside the order of the Tahsildar and directed for fresh enquiry with respect to the remaining area while affirming the order of settlement of Ac.0.04 decimals of land. Petitioner challenged that order before the Revisional Auth...
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