Orissa Court February 2009 Judgments
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PrawIn Kumar Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-18-2009
Reported in: 107(2009)CLT385
B.P. Ray, J.1. The Petitioner has filed this Writ Petition under Articles 226 and 227 of the Constitution of India, alleging non-renewal of existing licences for manufacture and sale of country spirit in respect of ten Out Still shops (for short, 'O.S. shops') in the district of Keonjhar praying for a direction to Opp. Party No. 3 Collector, Keonjhar to renew the existing licenses of the Petitioner under Annexure-1 series for the year 2008-2009 in his favour and for a declaration that the action of the Opp. Party No. 3 in issuing show cause notice under Annexure-4 for inclusion of name of Opp. Party No. 7 in the existing licences of the Petitioner and subsequently inclusion of name of Opp. Party No. 7 in the renewal licences of the Petitioner are illegal, without jurisdiction and bad in law.2. The Petitioner was granted exclusive privilege for carrying on business in manufacturing and selling of country spirit in the district of Keonjhar on the strength of licences issued by the Collec...
Prafulla Chander Pati Vs. Vice-chairman, Central Administrative Tribun ...
Court: Orissa
Decided on: Feb-18-2009
Reported in: (2009)107CALLT541(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed challenging the Judgment and Order Dated 13.1.1998 passed by the Central Administrative Tribunal (hereinafter called 'Tribunal') in Original Application No. 196 of 1995 by which the Tribunal has rejected the claim of the Petitioner.2. The facts and circumstances giving rise to this case are that Petitioner filed the Original Application before the Tribunal seeking a direction to regularise his services with retrospective effect and to give consequential benefits. The Petitioner had worked in the Geological Survey of India as a daily rated casual worker and in view of the Government Circular dated 13.11.1979 a casual worker who had put in 240 days of service in a year for two consecutive years was entitled for regularisation. The Petitioner claimed that he had worked for more than 240 days in a calendar year for two consecutive years, i.e., in 1978 and 1979. However, the Tribunal did not find the claim of the Petitioner acceptable. ...
Mangala Charan Samal Vs. Sarat Charan Sasmal and ors.
Court: Orissa
Decided on: Feb-18-2009
Reported in: (2009)107CALLT538(NULL)
A.S. Naidu, J.1. The common orders passed by the Consolidation Officer, GopKakatpur in RRC No. 423/95, 470/96 vide Annexure-4, which were confirmed by the Deputy Director, Consolidation, Puri in Appeal Case No. 52 of 1998 and 53 of 1998 (Annexure-5) and the order passed by the Commissioner, Consolidation in Revision Petition No. 101 of 1999 confirming the orders passed by the Consolidation Officer and Deputy Director vide Annexure-6 is assailed in this writ application.2. The lands in dispute appertain to Sabik Plot No. 139 measuring an area Ac.2.01 dec, plot No. 146 measuring Ac.0.49 dec, plot No. 147 measuring Ac.0.08 dec. in total Ac.2.58 dec. under Sabik Khata No. 1 of mouza Anantapur. The said lands stood recorded jointly in the name of one Jogi Samal, son of Basu having 1/3rd share, Dhruba Samal, son of Anadi Samal having 1/6th share, Chemei Samal son of Bhubaneswar Sasmal having 1/3rd share and Dinabandhu Samal son of Raghab Sasmal having 1/6th share. In the year 1934, to be mor...
Rabindra Prasad Acharya Vs. Presiding Officer and anr.
Court: Orissa
Decided on: Feb-17-2009
Reported in: 107(2009)CLT573; [2009(121)FLR552]
S.C. Parija, J.1. The Petitioner-workman has filed this review petition seeking review of the Order Dated 11.09.2008, passed in W.P.(C) No. 868 of 2005, on the following grounds:(i) notice of writ application has not been served properly before the date of appearance i.e. 30.6.2008 fixed in the Notice, on Opp. Party No. 2, as a result, the O.P. No. 2 could not appear in the case and there has been violation of natural justice.(ii) none service of notice on O.P. No. 2 before the date fixed for appearance i.e. 30.6.2008 is a mistake and an error apparent on the face of record. The management has also contribution for that in as much as when the management has filed requisites, the O.P. No. 2 was serving at Berhampur to the knowledge of O.S.R.T.C.(iii) The disposal of the writ application by setting aside the award passed by Industrial Tribunal, resulted termination of service of the Petitioner as per Annexure-D.(iv) The two decision relied on by this Hon'ble Court reported in : (2003)IIL...
Lingaraj Oil Industries Pvt. Ltd. and anr. Vs. State Bank of India and ...
Court: Orissa
Decided on: Feb-17-2009
Reported in: AIR2009Ori132; 107(2009)CLT647
I. Mahanty, J.1. This Writ Petition has been filed seeking the following relief:A) For quashing the notice dated 26.4.2008 vide Annexure-5 and the reply dated 9.7.2008, vide Annexure-8.B) To declare the consequential action on the basis of the impugned notice vide Annexure-5 as illegal and arbitrary.C) To restrain the Opp. Parties/SBI from taking action against the Petitioners in view of the statutory bar Under Section 22 of SICA.2. The facts and circumstances giving rise to the case in brief are that the Opposite Party - Bank had sanctioned a cash credit loan in November, 1997 to the Petitioner - company to the tune of Rs. 3.80 crores and the term loan Rs. 1.315 crores. The amount was not paid as per the terms of the agreement and thus vide letter dated 11.02.2002 the loan was recalled. Immediately thereafter Petitioner-company tried to registered with the Board for Industrial and Financial Reconstruction (BIFR) vide case No. 159 of 2002 on 3.4.2002, but the said case was dismissed be...
Muralidhar Majhi and anr. Vs. Brajendra Kumar Sahu and anr.
Court: Orissa
Decided on: Feb-17-2009
Reported in: 107(2009)CLT641
A.S. Naidu, J.1. Respondent No. 1 as Plaintiff filed T.S. No. 55/86-1 before the then Munsif, Keonjhar, inter alia, praying for declaration of title and recovery of possession of the suit land measuring Ac.0.2 decs appertaining to Hal Plot No. 917 from Defendant No. 1 and Ac.0.01 dec. appertaining to Hal Plot No. 918 from Defendant No. 2. The description of the suit property in detail was given in the plaint schedule.2. According to the averments made in the plaint the suit property was part and parcel of Sabik Plot No. 165 measuring an area of Ac.0.14 decs. The said lands belonged to the predecessors of Plaintiff and Defendant No. 3. To appreciate the facts, it would be necessary to refer to the genealogy of the family of Plaintiff.Jagu RaghuGovinda Kathia GaniaRama Subhadra SuryamaniBrajendra Hira(Plaintiff) (Defendant No. 3)From the aforesaid genealogy, it appears that Govinda, S/o. Jagu died leaving behind his son Rama and daughter Subhadra. Rama died issueless. Plaintiff is the so...
Anshuman Behera Vs. Orissa State Financial Corporation and ors.
Court: Orissa
Decided on: Feb-17-2009
Reported in: AIR2010Ori10; 107(2009)CLT760
I. Mahanty, J.1. In the present writ application the Petitioner has sought for quashing the letter dated 7.8.200 lis sued by the Executive Engineer (Electrical) Western Electrical Supply Company of Orissa Ltd., Sambalpur Electircal division, Sambalpur under which the Opposite Parties have sought to deny granting fresh power connection (Electricity) to the Petitioner unless Petitioner deposits the outstanding dues of the earlier occupant of the premises.2. The Petitioner is a small scale entrepreneur who purchased one industrial unit on auction held by the Orissa Financial Corporation (in short OSFC) under Section 29 of the S.F.C. Act, 1951. On purchasing of the said industrial unit the Petitioner applied to Opposite Party No. 2 the Executive Engineer (Electrical) Western Electrical Supply Company, Sambalpur for grant of fresh power connection, but the same was not granted to him and turned down by letter 7.8.2001 under Annexure-3 to the writ application purportedly on the ground that t...
Banamali Panda Vs. Member Board of Revenue and ors.
Court: Orissa
Decided on: Feb-17-2009
Reported in: 109(2010)CLT53
ORDER1. Petitioner has prayed to quash orders under Annexures 3 & 4 Annexure-3 is the order passed by the Additional District Magistrate, Jaipur in O.E.A. Revision Case No 4 of 1994 on 03.11.1998 & Annexure 4 is the Order Dated 29.06.2001 passed by the Member, Board of Revenue in O.E.A. Revision Case No. 2 of 1999.2. Petitioner's claim is that his father was the recorded tenant of Plot Nos. 515 & 516 of Khata No. 249. According to the Record of Rights of the year 1911, the total area under those two plots was measuring Ac. 0.30 decimals. He does not dispute the Record of Rights prepared in the year 1927-1928 in which the area was reduced to Ac. 0.26 decimals, i.e. Ac. 0.13 decimals for each of the plots. After vesting of the Estate, Petitioner filed O.E.A. Case No. 22782 of 1963-64 for settlement of Ac. 0.26 decimals of land in Plot Nos. 515 & 516. The O E A. Collector-cum-Tahasildar, Jaipur allowed that application & settled the land to the extent of Ac. 0,26 decimals in favour of the...
Rabindranath Educational Trust Rayagada Vs. Union of India (Uoi) and o ...
Court: Orissa
Decided on: Feb-13-2009
Reported in: 107(2009)CLT402
B.N. Mahapatra, J.1. In the present Writ Petition, the Petitioner challenges the order of the Chief Commissioner of Income Tax, Orissa, Ayakar Bhawan, ' Bhubaneswar (hereinafter referred to as 'the CCIT')-O.P. No. 3 wherein the CCIT refused to grant exemption claimed under Section 10(23C)(vi) of the Income Tax Act, 1961 (hereinafter referred to as 'the IT Act') for the assessment years 2003-04 and 2004-05 on the ground that the said order has been passed illegally and arbitrarily.2. Bereft of unnecessary details, the facts and circumstances giving rise to the present Writ Petition are that the Petitioner is an Educational Trust registered with District Sub-Registrar, Rayagada on 17.08.1998. Its main object is to spread education and to establish high schools, colleges, technical institutes, medical and dental colleges etc. The Petitioner-Trust is running a college, viz., Institute of Advanced Computer and Research, Rayagada, AT: Prajukti Vihar, P.O./Dist: Rayagada, which is imparting t...
Kishori Minz Vs. High Court of Orissa and Two ors.
Court: Orissa
Decided on: Feb-13-2009
Reported in: (2009)107CALLT469(NULL)
B.S. Chauhan, C.J.1. This Writ Petition has been filed to issue direction to the Opposite Parties to appoint the Petitioner as peon on compassionate ground under the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 (hereinafter called the 'Rules').2. The facts and circumstances giving rise to this case are that Petitioner's husband Late Bijaya Kumar Minz, who was working as Process Server in the office of District Judge, Sundargarh died on 16.9.1997 leaving behind his wife, Smt. Kishori Minz/Petitioner, three minor daughters and one minor son. Petitioner filed an application seeking appointment for herself under the aforesaid Rules. The Opposite Party No. 2 held an inquiry on the financial status of the Petitioner, as to whether the family was in distress. The Revenue Inspector, Sadar, Sundargarh enquired into the matter and submitted a report to the Tahasildar, Sadar, Sundargarh on 14.5.1998 certifying that the family was in distress and rehabilitation assistance should be...
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