Orissa Court May 2010 Judgments
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The Orissa Printers and Binders MahasanghA. Vs. State of Orissa and or ...
Court: Orissa
Decided on: May-19-2010
1. The petitioner-The Orissa Printers & Binders Mahasangha being represented by its President, Sri Rabindranath Kar, has filed this writ petition challenging the resolution made on 25.8.2009 by the State Government in the Department of School & Mass Education under Annexure-1 deciding to invite national tender with regard to printing of Nationalised Text Books for the academic session 2010-11 and the Tender Call Notice issued by the Director, Text Book Production & Marketing, Bhubaneswar, O.P.3, on 11.2.2010 in the local newspaper "The Samaj" (Annexure-7), which according to the petitioner, contravenes the Industrial Policy Resolutions 1988 to 2009 issued by the State Government in Industries Department.2. The case of the petitioner, in brief, is that it is a member of the Small Scale Industry, which involves in the business of printing and binding of books and the association comprises of 5000 printing presses and binding units, which were set up under the approval of the respective D...
Laxminarayan. Vs. Yeleti Veerbhadra Rao.
Court: Orissa
Decided on: May-19-2010
1. All these three Letters Patent Appeals have been filed assailing the common judgment dated 07.07.2009 passed by the Hon'ble Single Judge of this Court in W.P.(C) Nos. 14954 of 2005, 15692 & 12631 of 2005. The controversy in all the three writ petitions was with regard to the orders passed by learned Civil Judge (Senior Division), Rayagada in Title Suit Nos.1 of 1994 and 19 of 2001. The facts and the parties being one and the same, and the point of law being intricately connected with each other, the appeals are heard together on the request of the learned counsel for the parties and are disposed of by this common judgment.2. This Court does not intend to delve into the facts in detail as the same have been discussed in extenso by the Hon'ble Single Judge in his judgment as well as by the learned Civil Judge (Senior Division), Rayagada and also by the Addl. District Judge, Rayagada. This Court however, intends to deal with only those facts, which are necessary for appreciating the in...
Babaji Sahoo (Dead). Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-2010
1. The petitioner-Babaji Sahoo filed this application challenging the order dated 11.10.1991 passed by the Orissa Administrative Tribunal in Transferred Application No.374 of 1988 rejecting his challenge to the order dated 22.1.1983 passed by the disciplinary authority dismissing the petitioner from Government service on the ground of misappropriation of Government money to the tune of Rs.15,041.60, as well as, the order of the appellate authority confirming the order of punishment and the order of the Appellate authority rejecting the petitioner's appeal. During the pendency of the writ petition, the petitioner Babaji Sahoo having died on 10.10.2006, in his place, his wife and son have been substituted.2. The State Administrative Tribunal, came to hold that the petitioner had encashed a Government cheque for more than Rs. 15,000/- and loss of the said money is admitted by the petitioner-Babaji Sahoo, the Tribunal fixed such responsibility for such loss on the petitioner and therefore,...
Sasmita Sahoo. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-18-2010
1. Petitioner in this case assails the order passed by the Collector, Bhadrak on dated 12.12.2008 in pursuance of the directions given by this Court in W.P. (C) No.9420 of 2008.2. Petitioner was an applicant for being engaged as Anganwadi Worker with respect to Kaupur, Belagadia Anganwadi Centre, district: Bhadrak. Her application was accepted and in the short list her name was reflected, but finally her candidature was rejected on the ground that she does not reside in the service area of the aforesaid Anganwadi Centre. Thereafter, she preferred a writ application before this Court, which was disposed of directing the Collector, Bhadrak to enquire into the matter and to decide, if irregularity, as alleged, has been committed and to pass necessary orders strictly in accordance with law and the guidelines.Further case of the petitioner is that she has obtained the maximum marks in the HSC Examination among the applicants, and therefore, she is most eligible to be selected as Anganwadi W...
Dilip Gumansingh. Vs. Collector, Khurda and ors.
Court: Orissa
Decided on: May-18-2010
1. The Tahasildar, Tangi issued notice dated 16.1.2010 for information of all concerned that public auction for settlement of the sairat sources mentioned therein for the year 2010-2011 shall be held on the dates mentioned therein. We are concerned here with Jariput Black Stone Quarry nos.1, 2, 3, 4, 5, 7 and 8, item nos.12, 13, 14, 15, 16,18 and 19 respectively of the notice vide Annexure-1 in each of the cases. The auction for these Sairat sources was held on 4.3.2010 in which Jariput Black Stone Quarry Nos.1, 2,4,7 and 8 were settled in favour of opposite party no.4 in each of the writ petitions whereas Jariput Black -2-Stone Quarry No.3 and 5 were settled in favour of opposite party no.5 in W.P.(C) Nos.4970 and 4971 of 2010 respectively. It is alleged that the auction has been conducted by the Tahasildar in absence of the Sub- Collector in most perfunctory and arbitrary manner in violation of the rules as a result of which the sairats have been settled for paltry sum. These writ pe...
Kasinath Panda and ors. Vs. Raghunath PandA.
Court: Orissa
Decided on: May-18-2010
1. The following substantial questions of law are formulated at the time of admission of the Second Appeal;(i) Whether the Sebaiti right can be transferred for consideration ?(ii) Whether the Record of Rights prepared under the Jagannath Temple Act would be final; and whether the same can be challenged in the Civil Court ?2. In course of hearing of the Second Appeal, Sri Bijan Ray, learned Senior Advocate appearing for the appellants also raised another moot question regarding nonjoinder of necessary party. He contended that the judgment rendered by the courts of original jurisdiction and first appellate jurisdiction are null and void as the Temple Administrator of Jagannath temple has not been arrayed as defendant in this case.3. The plaintiffs, respondents before this Court, filed the Original Suit bearing no.7/30 of 1971-I in the court of Additional Munsif, Puri praying for declaration of their right over 131 days of Sebapali in the temple of Bimala Thakurani situated inside the Lo...
Sidheswar Kanungo. Vs. Food Corporation of India and ors.
Court: Orissa
Decided on: May-18-2010
1. In this writ petition, the petitioner prays for quashing of Annexures-2 & 3, whereby he was informed about the adverse remarks recorded in his Annual Confidential Report (for short 'the ACR') for the year 1993 and Annexures-5 and 6 by which he was intimated about rejection of his representation made for expunction of the said adverse remarks. The further prayer of the petitioner is for a direction to the opp. parties to place him in the Selection Grade with effect from 01.12.1994 the date on which his juniors were placed in such grade and to grant him all consequential service benefits including the arrears of differential salary.2. Bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are that the petitioner joined the services of Food Corporation of India on 27.06.1973 as Assistant Grade-3 (General) in the District Office, Balasore. During the year 1994, some of the juniors of the petitioner got promotion superseding him and were place...
Arun Kumar Nahak and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-14-2010
1. In this writ appeal the judgment dated 27.3.2009 passed by the learned Single Judge of this Court in W.P.(C) No.13565 of 2008 is assailed.2. The appellants are admittedly working as Hindi Teachers, Classical Teachers and Physical Education Teachers in different aided educational institutions. Being aggrieved by the Clause 4-C of the admission brochure under Annexure-7 inviting applications from untrained graduate teachers for taking admission in B.Ed. course for the session 2008-09, a writ petition bearing W.P.(C) No.13565 of 2008 was filed calling in question the said clause and also clause 2.3 of the corresponding advertisement. Admittedly, in consonance with the aforesaid clause, the appellants had opted to take admission as in- service candidates and after their names were sponsored, they took admission and prosecuted B.Ed. course. Respondent no .6, as petitioner, filed the aforesaid writ petition, inter alia, challenging the brochure condition mainly on the ground that granting...
Satyanarayan Pattnaik. vs.M.D., Orissa State Handloom Weavers' Co-Oper ...
Court: Orissa
Decided on: May-14-2010
1. This writ petition has been filed challenging the office order dated 27.07.2006 (Annexure-4) passed by the Managing Director, Orissa State Handloom Weavers' Co-operative Society Ltd (for short "the Society") by which the opposite party No.1-Managing Director of the Society accepted the petitioner's application dated 14.07.2006 for voluntary retirement and allowed him to retire w.e.f. 31.07.2006 and relieved him from service from that date.2. The facts and circumstances giving rise to the present writ petition are that the petitioner on being selected, joined the Society as Junior Clerk on 08.03.1984 as per Annexure-A series to Additional Counter affidavit filed by O.P. No.1 (but the date of joining as stated by the petitioner in the writ petition, i.e., "08.03.2006" seems to be incorrect). Opposite party No.1-Managing Director on 30.06.2006 on the bases of decision of the Board of the Management vide resolution dated 09.06.2006 and the Government of Orissa P.E. Department letter No....
Collector, Land Acquisition, Kalahandi. Vs. Goutam Dharua and ors.
Court: Orissa
Decided on: May-11-2010
1. This appeal has been directed against the judgment dated 27.03.2004 passed by the learned Civil Judge (Senior Division), Dharmagarh in MJC No.32 of 2001 which was initiated on the basis of the petition filed by the present respondents claiming higher compensation u/s.18 of the Land Acquisition Act.2. The brief facts of the case are that the Government of Orissa by virtue of a Notification dated 12.03.1999 acquired Ac.3.40 dec. or land of the respondents for construction of Chahaka Minor Irrigation Projects for which a compensation of Rs.93,681/- was awarded in favour of the claimants, which they received on protest alleging that the compensation was assessed without considering the potentiality and the market value of the acquired land. They, therefore, claimed higher compensation. A reference under Section 18 was made for which the present MJC was registered before the learned Civil Judge (Senior Division), Dharmagarh. The appellant, who was the opposite party before the learned C...
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