Orissa Court December 2008 Judgments
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Smt. Aratibala Dash and anr. Vs. State of Orissa and Four ors.
Court: Orissa
Decided on: Dec-05-2008
Reported in: 107(2009)CLT34
B.S. Chauhan, C.J.1. This case has chequered history and only for getting an interim injunction there had been rounds after rounds of litigations though the trial of the suit has not yet commenced.2. The Appellants filed Civil Suit No. 72 of 2004 before the Learned Civil Judge (Sr. Division) 2nd Court, Cuttack for a declaration of their right of user over the suit property as their approach road from their house to National Highway No. 5 and for permanent injunction restraining the Defendants/ Respondents from interfering in their right to use over the suit property. Along with the suit an application under Order 39, Rules 1 and 2 CPC was filed for grant of temporary injunction restraining the Defendants/Respondents from obstructing the passage and the said application was dismissed vide Order Dated 8.6.2004 with a finding that the Plaintiffs-Appellants do not have a prima facie case for grant of temporary injunction.3. The said order was challenged by the Plaintiffs-Appellants by fili...
Sudarsan Sahu and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-05-2008
Reported in: 107(2009)CLT179; 2009(I)OLR396
Indrajit Mahanty, J.1. The Petitioner in this writ application has sought to challenge the Order Dated 15th July 1995 passed by the Member Board of Revenue, Orissa in O.L.R. Revision Case No. 40 of 1994. In the impugned revisional order, the Member Board of Revenue purportedly sought to exercise its revisional jurisdiction vested in it under Section 59(2) of the O.L.R. Act, 1960 on a reference made by the Learned Additional District Magistrate, Angul against the orders passed by the Learned Revenue Officer, Chhendipada dated 17.10.1990 and 8.7.1993 in O.L.R. case No. 39 of 1973.2. The Member Board of Revenue has sought to exercise its revisional jurisdiction over the orders passed by the Revenue Officer, Chhendipada in O.L.R. Case No. 39 of 1973, purportedly on two grounds:i) That the enquiry conducted by the Revenue Officer on 10.10.1990 is contrary to the direction of this Court passed in O.J.C. No. 877 of 1984 dated 4.1.1990.ii) That the Revenue Officer had examined the evidence as ...
Rourkela Local Displaced Association and ors. Vs. State of Orissa and ...
Court: Orissa
Decided on: Dec-05-2008
Reported in: 107(2009)CLT269
I.M. Quddusi, J.1. All the three Writ Petitions arise from same or similar sets of facts and involve a common question of law. Hence, they were taken up together and are being disposed of by this Judgment.2 The brief facts of the case are that in the year 1954-55 and subsequent to that, the State Government acquired agricultural and homestead lands in the district of Sundargarh and urgency clause was made applicable for speedy acquisition under the provisions of Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (hereinafter referred to as 'the Act') for the development of industrfes, namely, establishment of Rourkela Steel Plant and ancillary industries i.e. for the public purpose. In the meantime, the said act was repealed in the year 1994. However, Rourkela Steel Plant did not utilize all the lands acquired and surrendered about 4,000 acres of the unutilized pieces of land to the State Go...
Subhrasmita Sahoo Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-05-2008
Reported in: 2009(I)OLR192
L.K. Mishra, J.1. Order dated 27.09.2008 passed by the learned S.D.J.M., Nayagarh in G.R. Case No. 150 of 2008 by which he rejected the prayer of the petitioner to be allowed to stay with her husband is challenged In this revision.2. The background facts are that F.I.R. was lodged by one Pramod Kumar Bhatt stating therein that his niece (daughter of his sister) Subhrasmita Sahoo (the present petitioner) was going to the village pond along with her mother and the wife of the informant. One Chandrakanta Behera (Opp.party No. 2) kidnapped her forcibly. On the basis of F.I.R. O.I.C., Odagaon Police Station registered P.S. Case No. 27 of 2008 and took up investigation, during the course of which the victim girl was rescued and was produced on 02.07.08. before the learned S.D.J.M., Nayagarh. On the same day the learned S.D.J.M. directed recording the statement of the victim girl under Section 164 Cr.P.C. and also rejected the prayer for bail of the accused. On the same day a petition was .al...
Balaram SwaIn and anr. Vs. Rabindra SwaIn and ors.
Court: Orissa
Decided on: Dec-05-2008
Reported in: 109(2010)CLT58
A.S. Naidu, J.1. The Order Dated 2-8 1999 passed by the Commissioner of Consolidation, Cuttack in Misc Case No. 330 of 1998, vide Annexure 4, is assailed in this Writ application.2. The dispute relates to Ac. 0.19 decimals of land appertaining to Hal plot No. 469, Hal Khata No. 410 of Mouza Nunigaon, Govindpur in the district of Cuttack. One Bhagu Barik was the original owner of the disputed land. By a registered sale deed dated 16-11-1976 said Bhagu Barik had sold that land jointly to Jagabandhu Swain, Balaram Swain & Trilochan Swain. The Petitioners, in this Writ application, are the legal heirs & successors of Jagabandhu Swain. Admittedly the aforesaid three persons were possessing the disputed land according to their convenience. According to the Petitioners, there was no partition of the disputed land by metes & bounds, but then Jagabandhu being the only earning member among the three brothers, had constructed of a double-storeyed building. & was staying therein with his family se...
Girija Shankar Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-04-2008
Reported in: 2009(I)OLR472
B.P. Das, J.1. This writ application is of the year 1994. Though objection was raised that this matter should be left to the discretion of the Tribunal, looking at the fact that it being an old matter and pleadings are complete in this case and only question of law is required to be decided in the proceeding instead of transferring to Orissa Education Tribunal, this matter is taken up for final disposal.2. The petitioner, who is working as Lecturer in English in Mahima Mahavidyalaya, Joranda, in the district of Dhenkanal, has filed this writ application with a prayer to direct the opposite parties to pay him full salary as grant-in-aid from June, 1982 in U.G.C. Scale of Pay and allow him the revised U.G.C. Scale of Pay with effect from 1.1.1986. A further prayer is also made to quash Annexure-10, i.e., order dated 28.4.1988 passed by the Director, Higher Education in Annexure-10.3. A counter affidavit has been filed by O.Ps.1 & 2, in paragraph-5 of which it is stated that the petitione...
All Orissa Judicial Employees Association Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-03-2008
Reported in: 107(2009)CLT36
B.S. Chauhan, C.J.1. This Writ Petition has been filed by the Association of Ministerial staff of sub-ordinate Courts of Orissa through its General Secretary in 2001 seeking direction to the Opposite Parties/authorities to create 13 posts of Head-Clerk in different S.D.J.M. Courts of the State.2. In fact, considering the requirement of such post, this Court on administrative side vide letter dated 2nd December, 1997 asked the State Government to create 13 posts of Head Clerk for some Courts of the S.D.J.M. having excessive criminal workload. This petition was filed to fulfill the said demand of the High Court, that the Court should issue direction to the State Government to create the said posts.3. This Writ Petition is pending since August, 2001. The counter affidavit has been filed on 24th June, 2004 contending that Writ Petition is not maintainable at the behest of the said Association. After receiving the demand from the High Court, matter was referred to the Finance Department of ...
Priyabrata Sahu Vs. State Orissa and 6 ors.
Court: Orissa
Decided on: Dec-03-2008
Reported in: 107(2009)CLT38
B.S. Chauhan, C.J.1. All these three Writ Petitions have been filed for quashing the appointment of Opposite Party Nos. 3 to 7 in the cadre of District Judge being the selection illegal, null & void and contrary to law and to reassess the merit of the candidates as per Rule 6(4) of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 (hereinafter called the 'Rules, 2007') without fixing any cutoff marks in the interview and without reference to the condition stipulated in proviso to Clause C to Appendix- B of the Rules, 2007.2. The facts and circumstances giving rise to these cases are that a notification dated 4.4.2008 (Annex.-1) was issued inviting application for as many as 37 vacancies in the cadre of District Judge, out of which 22 vacancies had to be filled up by direct recruitment and the remaining vacancies to be filled up by the accelerated promotions of the Judicial Officers. Petitioners applied in pursuance of the said advertisement, appeared in the w...
Bimal Prasanna Acharya and anr. and Pradipta Kumar Mohapatra Vs. State ...
Court: Orissa
Decided on: Dec-03-2008
Reported in: 2009(1)OLR154
L. Mohapatra, J.1. All the three writ applications have been filed assailing the legality of the judgment passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 807 of 2001.2. The petitioners in W.P.(C) No. 9249 of 2007 and W.P.(C) No. 9197 of 2007 were not parties before the Tribunal. But the writ applications have been filed by them on the ground that the impugned judgment affects them materially. W.P.(C) No. 9515 of 2007 has been filed by the Department challenging the said judgment of the Tribunal.3. Aurobinda Kumar Sinha and Laxmi Narayan Mohapatra, the private opposite parties in all the three writ applications filed a joint application before the Tribunal alleging therein that they have been wrongly treated as promotees of the year 1988 to Orissa Forest Service, Class-II instead of 1986 and accordingly their respective seniority in the Gradation List have been wrongly fixed.4. Both the applicants as aforesaid joined as Forest Rangers under the State Government in ...
Union of India (Uoi) and ors. Vs. Sri Prafulla Kumar Sahu
Court: Orissa
Decided on: Dec-03-2008
Reported in: 107(2009)CLT175
Indrajit Mahanty, J.1. The Union of India, the Petitioner herein, have sought to challenge the Order Dated 13.2.2008 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 473 of 2007, whereby, the Tribunal has been pleased to direct recording of the date of birth of the Opp. Party as 15.12.1949 instead of 15.12.1942 (as indicated in service records) and to reinstate the Opp. Party in the post of GDSMD, Jagamohan Branch Post Office till his age of superannuation.From the records it appears that the Opp. Party had made a representation/ appeal against the order of superannuation under Annexure-7 claiming his date of birth to be 15.12.1949 instead of 15.12.1942, which, after due consideration, was rejected by the authority concerned and being aggrieved by the said order of rejection, the Opp. Party filed 0.A. No. 473 of 2007 before the Central Administrative Tribunal, Cuttack Bench praying for a direction to reinstate him in service by treating his date of birt...
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