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Orissa Court August 2008 Judgments

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Aug 04 2008

Smt. Manorama Das Vs. Hari @ Hrusikesh Sethi

Court: Orissa

Decided on: Aug-04-2008

Reported in: 2008(II)OLR649

Sanju Panda, J.1. This is an application under Article 227 of the Constitution of India.2. In this writ petition the petitioner bas challenged the order dated 3.4.2002 passed by the learned Civil Judge (Junior Division), Bhubaneswar in T.S. No. 11 of 1993 accepting the report of the survey knowing commissioner which was confirmed by the learned Ad hoc Addl. District, Khurda in Civil Revision No. 14 of 2003.3. The main contention of the plaintiff-petitioner is that she filed the suit for declaration of right, title, interest over the suit schedule land and permanent injunction restraining the defendants from interfering with the possession or creating any mischief with the suit schedule land, and if it is found that the plaintiff has been dispossessed in the meantime for recovery of possession. From out of current settlement plot No. 60 measuring an area of Ac. 17.150 dec. which was waste land recorded in favour of the State Government under Holding No. 300 plaintiff took lease of Ac. 0...


Aug 04 2008

Purna Chandra Mishra Vs. State of Orissa and ors.

Court: Orissa

Decided on: Aug-04-2008

Reported in: 2008(II)OLR655

Sanju Panda, J.1. In this writ application challenge has been made to the order dated 28.5.2005 passed by the Sub-Collector, Puri in O.L.R. Appeal No. 2 of 2004 wherein the petitioner's appeal was rejected.2. The facts of the case are as follows:One Minas Behera, son of Joseph Behera was a recorded tenant of Plot No. 255 under Khata No. 104 measuring an area Ac. 0.10 decimal as per the 1927-28 Settlement R.O.R., which is annexed as Annexure-2. One Irfan Behera misrepresenting himself as son of Joseph Behera and in a surreptitious manner managed to record his name in respect of the suit land in 1966 Settlement. Neither Irfan Behera belongs to the family of Minas Behera nor is he the successor of the recorded tenant. However, he claimed himself as the successor of Joseph Behera and alienated the suit land by a fake and frivolous sale deed executed in favour of one Ashalata Rout in the year 1986. Jiten Behera is the only son of Minas Behera, the recorded tenant. Irfan Behera was no way co...


Aug 04 2008

Pradeep Kumar Parija Vs. State of Orissa and 7 ors.

Court: Orissa

Decided on: Aug-04-2008

Reported in: 2009CriLJ280; 2008(II)OLR679

B.S. Chauhan, C.J.1. This habeas corpus petition has been filed by the petitioner alleging kidnapping of his eldest daughter Manisha Parija by one Ramakanta Sethy-opposite party No. 5. It is stated that in spite of lodging of FIR in Tirtol Police Station on 2.7.2008, no effective steps have been taken by the Police to recover his daughter.2. It is contended by the learned Counsel for the petitioner that the victim girl was minor on the date of kidnapping and inspite of the fact that petitioner rendered all assistance, and approached every authority, the Police has not made any attempt to recover her. Therefore, this Court should take serious note of the fact and direct the opposite party-police authorities to produce her before this Court.3. On the contrary, learned Additional Government Advocate has vehemently opposed the petition contending that the petitioner's daughter was major on the date of alleged kidnapping and the petitioner has not filed any satisfactory document to show tha...


Aug 04 2008

President, Kanan Vihar Development Society Vs. State of Orissa and ors ...

Court: Orissa

Decided on: Aug-04-2008

Reported in: 2008(II)OLR677

B.S. Chauhan, C.J.1. This petition has been filed basically raising the grievance that the area earmarked for park/open space has been reduced substantially by the lessee, Orissa State Housing Board. This Court considering the complaint to be very serious, sent an Officer of the Court for local inspection and accordingly a report was submitted that area of the park has been reduced by raising construction in one part of its corner. The Court passed an interim order on 7.5.1999 restraining the State Housing Board from making any further reconstruction on that area marked for open space. Since then the construction work could not proceed.2. The grievance of the petitioner, Kanan Vihar Development Society-the allottee of the land, is that as per the approved lay out plan of the colony, a total area of Ac. 4.247 has been earmarked for 'Open Spaces' which comes to 14.15% of the total area. The opposite party has permitted construction of new houses in the area earmarked for open spaces. It ...


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