Orissa Court December 2009 Judgments
Karunakar Samal and anr. Vs. Member-secretary, State Pollution Control ...
Court: Orissa
Decided on: Dec-26-2009
Reported in: 2010(I)OLR347
C.R. Mohapatra, Member1. The appellants, who are the residents of village Kankili under Talcher P.S. of Angul district, being aggrieved by the inaction of the State Pollution Control Board, Orissa, (hereinafter 'the Board') on the complaint filed by them, vide Annexure-8 have filed this appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 praying to set aside Consent Order No. 2475 dated 30.7.2008 issued by the Board vide Annexure-7 granting consent in favour of respondent No. 2 Ardee Hi-Tech Pvt. Ltd. to operate the coal washery (dry coal beneficiation plant) set up in village Kankilli. The appellants have also prayed for a direction to restrain respondent No. 2 from operating its plant.It may be stated here that the appellants had earlier filed an appeal being Appeal No. 9-A of 2007 before this Authority against the Consent Order dated 24.10.2007 issued by the Board granting consent in favour of Respondent No. 2 to Operate the plant in question. The said...
Tag this Judgment!Tapan Kumar Samanta Vs. Collector-cum-district Magistrate and ors.
Court: Orissa
Decided on: Dec-24-2009
Reported in: 2010(I)OLR221
R.N. Biswal, J.1. The fact giving rise to filing of the writ petition is that on 24.7.2009 at about 10.30 P.M. while the A.S.I. of Remuna Golei Out-Post along with some constables was engaged in patrol duty, he received information that four trucks being loaded with P.D.S. wheat were standing near NESCO office, instead of being driven to their respective destination, with a view to black marketing the wheat. So, the A.S.I., Remuna Golei Out-post lodged a written report before the Inspector In-Charge Industrial Area Police Station, Balasore, on the basis of which P.S. Case No. 110 of 2009 was registered under Sections 468/471/120-B of I.P.C. read with Section 7 of the Essential Commodities Act (hereinafter referred as E.C. Act) giving rise to C.T. Case No. 1381 of 2009 of the court of learned S.D.J.M., Balasore. The case was investigated into, in course of which, the I.O. (A.S.I. of Remuna Golei Out-Post) seized the wheat along with the trucks, prepared seizure list in respect thereof a...
Tag this Judgment!Amarendra Pattnaik Vs. Orissa Small Industries Corporation Ltd.
Court: Orissa
Decided on: Dec-24-2009
Reported in: 2010(I)OLR239
B.N. Mahapatra, J.1. This writ petition has been filed by the petitioner with a prayer to issue appropriate direction to opposite party No. 1, Orissa Small Industries Corporation, Ltd. (hereinafter referred to as 'the Corporation') to protect his pay at Rs. 2,800/- in the scale of Rs. 2800-4350/- and pay the same with arrears from the date of his joining, i.e., from 1.10.1992 till the date of actual payment.2. Bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are that the petitioner was initially appointed in the post of Marketing Manager in Mahila Vikas Samabaya Nigam (hereinafter referred to as the 'Nigam') on 5.3.1992 in the scale of pay of Rs. 2800-4350/-. Pursuant to an advertisement made by the Corporation for the post of Assistant Manager, the petitioner participated in the recruitment test and interview, and on being selected, he was appointed in the post of Assistant Manager vide letter dated 18.08.1992 issued by the Chairman o...
Tag this Judgment!Satyaranjan Kar Vs. Chairman-cum-managing Director, Grid Corporation o ...
Court: Orissa
Decided on: Dec-24-2009
Reported in: 109(2010)CLT258
B.N. Mahapatra, J.1. This Writ Petition has been filed with a prayer to issue writ of mandamus directing the Opposite Parties to appoint the Petitioner on regular basis under the Rehabilitation Assistance Scheme and/or pass any other order(s)/direction(s), as this Court may deem fit & proper.2. Petitioner's case in a nutshell is that his father late Basanta Kumar Kar was working as Jr. Article B at Joda E & M R-Sub- division under the control of the Executive Engineer, G.E & M.R. Division, Rourkela. While working as such, he died in harness on 30.12.1996 leaving behind his widow, one daughter & 2 sons. After death of father of the Petitioner, the family had no other source of income to maintain themselves. Therefore, the widowed mother of the Petitioner made a representation (Annexure 4) to the Opp. Parties to appoint her son. On 1.4.1997, the Petitioner himself also made a representation (Annexure-5) for his appointment. Since the Petitioner did not get any reply from the Opp. Parties...
Tag this Judgment!State of Orissa Vs. Durga Charan Routray
Court: Orissa
Decided on: Dec-23-2009
Reported in: 2010(I)OLR214
Indrajit Mahanty, J.1. An arbitration award was passed by Hon'ble Mr. Justice P.C. Mishra, Retired Judge of Orissa High Court awarding a sum of Rs. 17,08,631/- as escalation charges and after computing interest thereon the award comes to a sum of Rs. 32,93,445/- as well as memo of costs amounting to Rs. 1,88,517-. Therefore, the total award amount to Rs. 34,81,962/- vide an award dated 7th March, 2003.2. The State of Orissa on 23.6.2003 filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 1996 Act') before the District Judge, Khurda at Bhubaneswar and the same was registered as Arbitration Petition No. 227 of 2003. On the self-same date, i.e. on 23.6.2003 the claimant (respondent herein) Sri Durga Charana Routray filed an Execution Case No. 65 of 2003 before the District Judge, Puri seeking for execution of the arbitration award. In the aforesaid execution petition the respondent also filed a further application under Sect...
Tag this Judgment!Bimalkanti Ghose Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-22-2009
Reported in: 109(2010)CLT247
B.P. Ray, J.1. In this Writ Petition under Articles 226 & 227 of Constitution of India, the Petitioner has challenged the Order Dated 12.03.2007 passed by Opp. Party No. 3 the Divisional Forest Officer, Satkosia Wild Life Division, Angul & Order Dated 16.04.2008 passed by the Opp. Party No. 4- Conservator of Forests, Angul Circle, Angul rejecting his application for issue of Timber Transit Permit (in short, 'T.T. Permit') for removal of trees standing over his private stitiban recorded lands situated in mouza Purunakote, Plot No. 3 of Khata No. 109/42 measuring an area of Ac. 7.93 decimals under Angul Tahasil in the district of Angul.2. In the year 1962, the Petitioner purchased the aforesaid land & has been recorded in the Record of Rights as stitiban status. The kisam of land is 'Taila'. After reclamation of the land, the Petitioner planted 3000 teak stumps in the said plot in the year 1971. In May, 1976, by a notification Under Section 18 of the Wild Life (Protection) Act, 1972, the...
Tag this Judgment!Manjulata Jena and ors. Vs. Parbati Lenka and ors.
Court: Orissa
Decided on: Dec-19-2009
Reported in: 2010(I)OLR301
B.P. Ray, J.1. The petitioners have filed this writ application under Articles 226 & 227 of the Constitution of India challenging the order dated 23.02.2006 passed in C.S. No. 341 of 2004 by the learned Civil Judge (Sr. Division) 1st Court, Cuttack by which the learned Civil Judge has rejected an application filed by the petitioners under Order 7 Rule 11 (d) of C.P.C. The said order has been enclosed as Annexure - 7 to the writ application.2. The petitioners were the defendants in the aforesaid suit filed by opp.parties 1 to 3. The plaintiff-opp. parties No. 1 to 3 filed the aforesaid suit claiming to be the mother and sisters of deceased Kirti Chandra Lenka. Kirti Chandra Lenka was working as a Junior Assistant in the Office of the Revenue Divisional Commissioner (Central Division), Cuttack, who died on 1.3.2004 leaving behind the petitioners who are the wife, son and daughter respectively of the deceased-employee. After the death of the deceased-employee, the opp.parties 1 to 3 filed...
Tag this Judgment!Golap Manjari Mallick and Three ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-17-2009
Reported in: 2010(I)OLR248
ORDERI. Mohanty, J.1. Heard Mr. L. Mishra, learned Counsel for the petitioner, Mr. M.B. Das, learned Counsel for the informant and Mr. Mishra, learned Addl. Government Advocate for the State.2. The petitioner have filed the present application under Section 482 Cr.P.C. challenging the order of cognizance dated 30.7.2008 passed by the learned J.M.F.C., Jajpur Road in G.R. Case No. 257 of 2008 for offences under Sections 498-A/323/307/506/34 I.P.C. read with Section 4 of D.P. Act against the accused persons, namely, Nandakishore Mallick @ Dillip @ Pagala and Mohan Charan Mallick, simultaneously also directed issue of N.B.Ws. against Golap Manjari Mallick, Dharitri Mallick, Gayatri Mallick and Pratap Kumar Parida.3. The four persons named hereinabove against whom, no charge-sheet was submitted, have filed the present application with a prayer to quash the order of cognizance, inter alia, on the ground that the Magistrate did not have the necessary jurisdiction to direct issue of process a...
Tag this Judgment!Land Acquisition Officer Vs. Smt. Premasila Dei and ors.
Court: Orissa
Decided on: Dec-17-2009
Reported in: 109(2010)CLT252
Pradip Mohanty, J.1. This First Appeal is directed against the Judgment & Order Dated 11.10.1996 passed by the Learned Civil Judge (Sr. Division), Khurda in L.A. Misc. Case No. 72 of 1981.2. The facts of the case, as borne out from the records, are that the Government of Orissa vide notification published under Section 4(1) of the Land Acquisition Act, 1894 on 02.06.1980 acquired the land measuring Ac. 0.850 decimals out of plot No. 21 measuring Ac. 1.240 decimals under khata No. 26 of Mouza Handiola under Tangi police station for construction of Micro Waves Station by the post & Telegraphs Department. The Land Acquisition Officer vide his Order Dated 31.03.1980 awarded a total sum of Rs. 8,797.50 paise as compensation. Being dissatisfied with the amount of compensation, the Respondents filed a petition & the matter was referred to the Court of Civil Judge (Sr. Division), Khurda under Section 18 of the Land Acquisition Act. The Learned Civil Judge (Sr. Division), Khurda vide Order Date...
Tag this Judgment!Meena Sahoo Vs. Banita Samal and ors.
Court: Orissa
Decided on: Dec-16-2009
Reported in: 2010(I)OLR163
R.N. Biswal, J.1. In this writ petition, the petitioner challenged the legality and propriety of the judgment and order dated 24.7.2008 passed by the learned District Judge, Dhenkanal in F.A.O. No. 14 of 2007, wherein it dismissed the appeal and imposed cost of Rs. 1000/-against the petitioner and confirmed the judgment dated 10.5.2007 passed by learned Civil Judge (Sr. Divn.) Dhenkanal in Misc. Case No. 25 of 2007.2. The petitioner and opp. party No. 1 contested for the office of Naib Sarpanch of Kalanga Gram Panchayat. The petitioner having secured highest number of votes was declared elected on 10.3.2007. On 24.3.2007 opp. party No. 1 filed Election Misc. Case No. 25 of 2007 under Section 31 of the Gram Panchayat Act before learned Civil Judge (Jr. Division) Dhenkanal to declare the election of the present petitioner as null and void and to declare her to have been duly elected as Naib Sarpanch. The main ground of challenge was that the returned candidate opp. party No. 1 did not kn...
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