Orissa Court March 2010 Judgments

Akula Garanayak and ors. Vs.

Court: Orissa

1. Challenge has been made in this writ petition to the order dated 19.12.2008 passed by the Zone Officer, Land Acquisition & Resettlement and Rehabilitation Officer, Rengali Multipurpose Project, Deogarh in LA Case No.961 of 2006.2. In pursuance of the notification under Section 4(1) of the Land Acquisition Act (in short, "the Act") published in the year 1978, the entire village of Badaludunga of Pallahara Block including the residential houses of the petitioners was submerged in the Rengali Dam Project. Applying multiplier theory, the Land Acquisition Officer, Deogarh, fixed the compensation for the acquired land as follows:"KISSAM RATESarad-I Rs.4,500/- per acreHomestead Rs.4,500/- per acreSarad-II Rs.3,800/- per acreSarad-III Rs.3,300/- per acreGoda-I Rs.2,500/- per acreGoda-II Rs.2,000/- per acre"Being aggrieved by the said award, some of the villagers filed applications under Section 18 of the Act to refer the matter to the Court. The learned Civil Judge (Senior Division), Deoga...

Sri Bhagirathi Parida Vs. Birendra Pattnaik

Court: Orissa

Reported in: 2010(I)OLR930

S.K. Mishra, J.1. Heard. Admit.2. The short question that arises in this Criminal Revision is whether a proceeding under Section 145 of the Code of Criminal Procedure, 1973, hereinafter referred to as the 'Code' for brevity, should be allowed to continue when a civil suit is pending, for the self-same properties, between the same parties, in which right, title, interest as well as the possession of the parties are being adjudicated.3. The petitioner claims to be the purchaser of the case land from one Satyakama Pattanayak. It is further stated that the said Satyakama Pattanayak's predecessor in interest had been settled with the land in a proceeding under the Orissa Estate Abolition Act bearing No. O.E.A. (SM) Case No. 103 of 1985. After purchase, it is alleged that the petitioner's name has been mutated with respect to the case land. The opposite party filed an application under Section 144 of the Code before the Tahasildar and Executive Magistrate, Chandbali. As per the order dated 2...

Smt. Satyabati Pradhan Vs. Shyam Sundar Nayak and ors.

Court: Orissa

Reported in: 2010(I)OLR963

Sunju Panda, J.1. In this writ application, the petitioner has challenged the order dated 19.8.2008 passed by the learned Civil Judge (Senior Division), Balasore in Civil Suit No. 80 of 2007-I partly allowing an application for amendment and partly rejecting an application for incorporating paragraphs 2 to 6 of the proposed amendment filed by the petitioner.2. To appreciate the contentions of the parties, the following facts of the case are necessary to be stated.The petitioner as plaintiff filed C.S. No. 80 of 2007-I before the learned Civil Judge (Senior Division), Balasore for declaration of right, title, interest, injunction and possession in respect of the suit schedule lands appertaining to Plot No. 873 measuring Ac.2.45 decimals and Plot No. 872 measuring Ac.0.06 decimals, in total Ac.2.47 decimals under Consolidation Khata No. 355/23 in Mouza-Silada. As per the settlement record, the said lands belonged to opposite party Nos. 5 to 6, who sold the same to the petitioner on payme...

Sainik Mining and Allied Services Ltd. and anr. Vs. Mahanadi Coal Fiel ...

Court: Orissa

Reported in: 109(2010)CLT762

B.K. Nayak, J.1. In this writ application, the Petitioner-company challenges the letter dated 02.03.2009 under Annexure issued by Opp. Party No. 2, General Manager (Technical Co-ordination), Mahanadi Coalfields Limited (in short 'M.C.L.') threatening to initiate action towards cancellation of contract, forfeiture of earnest money & taking up the contract work at Petitioner's risk & cost. The further prayer is to direct the Opp. Parties to release Petitioners' all previous dues concerning different earlier works.2. The case of the Petitioner is that the Opp. Parties, Mahanadi Coalfields Limited & its functionaries issued notice dated 26.3.2008 under Annexure-2 inviting tender under Ref. No. MCL/SBP/GM(TC)/NIT-477/2008/2008 for the work, Extraction & Transfer of Coal/Coal measure strata by deploying 'Surface Miners' on hiring basis at Kulda OCP, Basundhara Garjanbahal Area of M.C.L. In pursuance of the notice the Petitioner participated in the tender process & having been found qualified...

M/S. Sainik Mining and Allied Services Ltd and anr. Vs. Mahanadi Coal ...

Court: Orissa

1. In this writ application, the petitioner-company challenges the letter dated 02.03.2009 under Annexure-1 issued by opposite party no.2, General Manager (Technical Co-ordination), Mahanadi Coalfields Limited (in short 'M.C.L.') threatening to initiate action towards cancellation of contract, forfeiture of earnest money and taking up the contract work at petitioner's risk and cost. The further prayer is to direct the opposite parties to release petitioners' all previous dues concerning different earlier works2. The case of the petitioner is that the opposite parties, Mahanadi Coalfields Limited and its functionaries issued notice dated 26.3.2008 under Annexure-2 inviting tender under Ref. No.MCL/SBP/ GM(TC)/NIT-477/2008/2008 for the work Extraction and Transfer of Coal/Coal measure strata by deploying "Surface Miners" on hiring basis at Kulda OCP, Basundhara- Garjanbahal Area of M.C.L. In pursuance of the notice the petitioner participated in the tender process and having been found q...

Hikoka SomeyA. Vs. State of OrissA.

Court: Orissa

1. This Jail Criminal Appeal is directed against the judgment and order dated 22.01.2000 passed by the learned Sessions Judge, Koraput at Jeypore in Sessions Case No.148 of 1997 convicting the appellant under Section 302/201, IPC and sentencing him to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for seven years for the offence under Section 201, IPC, the sentences to run concurrently.2. The prosecution case is that on 06.02.1997 at 3.00 P.M. the informant along with his wife (deceased) had been to Bikrampur to borrow money. At 4 P.M. on that day while returning to their village, they met the appellant and his wife on the way. The deceased went to the hut of the appellant and asked him to return Rs.15/- which he had borrowed from her since last Pausa Festival. On account of that, there was a quarrel between the two. The appellant gave a blow to the deceased by means of a Paddy Husking Pound which landed on her chest. When the informant (...

Jogendra PandA. Vs. State of Orissa and ors.

Court: Orissa

1. The petitioner, Jogendra Panda has come up before this Court challenging the order dated 26.4.2006 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in T.A. No. 54/91.2. As it appears, the petitioner had filed a writ petition in the year 1988 and after coming into force of the Administrative Tribunal Act, the same was transferred to the Orissa Administrative Tribunal in the year 1991 and registered as T.A. No. 54 of 1991. The prayer of the petitioner before the Tribunal in the aforesaid T.A. No. 54 of 1991 was to direct the opposite parties, i.e. the Secretary School & Mass Education Department, the Director Elementary Education and the Inspector of Schools, Jajpur Circle, to consider his case for appointment/promotion to the post of Headmaster computing the seniority from the date of his training. The Tribunal by the impugned order dated 26.4.2006 (Annexure-1) disposed of T.A. No.54 of 1991 along with T.A. No. 55 of 1991, filed by another teacher, namely, Abhiram...

Naba Bharat Ferro Alloys Ltd. and anr. Vs. State of Orissa and ors.

Court: Orissa

Reported in: 2010(I)OLR976

S.C. Parija, J.1. These batch of four writ petitions are directed against the orders of reassessment for the years 2000-01, 2001-02, 2002-03, and 2003-04, passed by the Sales Tax Officer, Dhenkanal Circle, Angul, disallowing the benefit of deferred payment of sales tax extended by the State Government under Industrial Policy Resolution, 1992, which had been allowed in the original orders of assessment and confirmed in appeals and demanding tax for the entire period.2. The facts of the case as detailed in the writ petition are that the Government of Orissa in the Industries Department formulated the Industrial Policy Resolution, 1992, (for short 'IPR-1992'), which was published in the Orissa Gazette on 1.8.1992. The policies outlined in IPR-1992 was intended to encourage the flow of investment and development of entrepreneurship in the State of Orissa. While financial assistance to the potential entrepreneurs in the form of subsidies and post-production benefits was envisaged, the main ...

Sarat Kumar Mohanty (Since Dead) and After Him His Legal Heirs Haripri ...

Court: Orissa

Reported in: 2010(I)OLR862

B.P. Ray, J.1. This writ application was filed under Articles 226 and 227 of the Constitution of India by Sarat Kumar Mohanty, a retired District Judge. During pendency of the writ application, the petitioner having expired on 26.11.2003, his legal heirs have been substituted by order dated 10.7.2009 in Misc. Case No. 2557 of 2003.2. Challenge in this writ application is to the order passed by the Government in Home Department refusing to exercise the power conferred in the State Government under Rule 186 of the Orissa Pension Rules, 1977 (hereinafter called as 'the Rules') for extending the benefit of addition of qualifying service to the service period of the deceased-petitioner as visualized under Rule 36 of the Rules. This order of the State Government has been impugned in this writ application and annexed as Annexure 10 to the writ application.3. The impugned order under Annexure-10 is a fall out of the judgment of this Court rendered in O.J.C. No. 18287 of 1998 disposed of on 23....

Raj Kishore Subudhi @ Barik. Vs. State of Orissa and ors.

Court: Orissa

1. The short question which arises in this writ petition is whether the Commissioner, Consolidation has the jurisdiction to entertain a revision under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, hereinafter referred to as the 'Act' for brevity, after the final notification under section 41(1) of the Act.2. Briefly stated the facts that led to filing of this writ petition are as follows:- Plot no.2216 measuring an area Ac.0.25 decimals and plot no.2213 measuring an area of Ac.0.07 decimals pertaining to sabik khata no.651 of mouza-Beraboi, PS Delanga, district Puri was purchased by Rani Barik through a registered sale deed dated 01.08.1945. After her death, the petitioner and opposite party no.3 became absolutely owner of the same. They possessed the suit schedule property till 02.04.1998. Thereafter, the schedule property was partitioned and sabik plot no.2216 has been divided into two hal plots, i.e. hal plot nos.1132 and 11...