Orissa Court May 2011 Judgments
Alekha Sa Vs. State of Orissa and Others
Court: Orissa
Decided on: May-19-2011
1. This Writ Appeal has been filed with a prayer to review/modify the order dated 02.12.2010 passed in W.P.(C) No.3653 of 2010 and to direct the Sarapanch, Chahagaon Gram Panchayat, district Kalahandi to allow the petitioner to join in his work with all past service benefits. Learned Single Judge vide impugned order dated 02.12.2010 while disposing of the Writ Petition No.3653 of 2010 ordered that if the Chahagaon Gram Panchayat is required to appoint a Panchayat Secretary, it shall invite applications from eligible candidates and if thepetitioner offers his candidature for the same, due weightage shall be given to his past experience. 2. The facts and circumstances giving rise to the present Writ Appeal in a nutshell are that the writ petitioner was appointed as Secretary of Chahagaon Gram Panchayat on 19.10.1996. His appointment was duly approved by the District Panchayat Officer, Kalahandi. While he was continuing as such, he was asked to handover charge to one Chitrasen Sabar pursu...
Tag this Judgment!M/S. Sanwaria Steel Pvt. Ltd. Vs. Union of India
Court: Orissa
Decided on: May-19-2011
1. This writ application has been filed with a prayer for quashing the letter dated 30.06.2010 under Annexure-9 and the provisional stacking charge bill enclosed to the said letter raised on the materials stacked by the petitioner at Barbil Railway Siding on the ground that the same is illegal, without jurisdiction and authority of law. Further prayer of the petitioner is for a direction to opposite parties to allow the petitioner to dispatch the stock of iron ore lying at Barbail Railway siding during pendency of the writ petition. 2. Petitioner’s case in a nutshell is that it has a plant for crushing iron ore lumps/processing iron ore for selling the sized ore to Sponge Iron Plants and Steel Plants mainly located outside State of Orissa. The petitioner has been operating the said crusher plant for the last 5 years and has been selling processed iron ore to sponge iron plants outside the State of Orissa by transporting the same through opposite party-railways. To carry on its bu...
Tag this Judgment!Sri Aloka Chandra Bishoi Vs. State of Orissa
Court: Orissa
Decided on: May-19-2011
1. The present writ application, in the nature of public interest litigation, has been filed with a prayer for quashing the instruction/guideline/letter dated 23.09.2010 (Annexure-3) issued by the Chief Secretary, Orissa for verification of ration cards in circulation under Public Distribution System at the Fair Price Shops. The further prayer of the petitioners is for a direction to opposite parties to carry out verification of the said ration cards on door to door basis for elimination of bogus cards and to find out the citizens entitled for new ration cards under Public Distribution System ( in short, “P.D.S.”). 2. The petitioners’ case in a nutshell is that they are residents of Bhubaneswar. Petitioner no.1 is a small retail seller of snacks and petitioner no.5 is an Auto Driver whereas rest of the petitioners are daily workers. All the petitioners have been issued with voter identity cards by the Election Commission of India. The annual average income of all the ...
Tag this Judgment!M/S Visa Comtrade Limited Vs. Union of India and Others
Court: Orissa
Decided on: May-18-2011
1. This writ petition has been filed with a prayer for quashing/ setting aside the prohibitory order dated 11.11.2010 (Annexure-1) passed under Section 132(3) of the Income Tax Act, 1961 (for short, ‘the Act’) in respect of Current Account No.0553002100028097 of the petitioner-Company maintained with O.P. No.7-Punjab National Bank,Station Square Branch, Bhubaneswar and for declaratory relief declaring issuance of fresh warrant of authorization dated 07.01.2011 and Panchanama dated 08.01.2011 and withdrawal of Rs.12.39 crores from the aforesaid Current Bank Account of the petitioner by opposite partybank authorities is illegal and without jurisdiction. The further prayer of the petitioner is to direct opp. parties to bring back Rs.12.39 crores in the above Current Account of the petitioner in question maintained with Opposite Party No.7- Bank. 2. Bereft of unnecessary details the facts and circumstances giving rise to the present writ petition are that the petitioner is a Co...
Tag this Judgment!Mahendra Kumar Pujari Vs. State of Orissa and Another
Court: Orissa
Decided on: May-17-2011
1. This writ application has been filed with a prayer for quashing order No.24977/CDA/dated 28.11.2008 (Annexure-2) passed by opposite party No.2-Secretary, Cuttack Development Authority wherein petitioner no.1-Mahendra Kumar Pujari has been intimated that his request for 3 rd party transfer of Plot No. C/1167 under ‘C’ Category will be considered subject to payment of Rs.3,38,354/-, Rs.15,000/- and Rs.5,760/- towards Administration & Processing fees, building charges and service charges from 1996 to 2007 respectively. Alternatively the petitioners have prayed for reducing the above charges by taking into consideration the rates prevailing as on 01.02.2005 i.e. the date on which the transferor made application for transfer of the said plot in favour of petitioner no.2-Rukmini Satapathy within a specified time. 2. Petitioners’ case is that petitioner no.1 was allotted with Plot No.C-1167 under ‘C’ category in Sector 6 of Bidanasi Project Area. Aft...
Tag this Judgment!M/S. Rourkela Technical Educational Vs. Collector-cum-district Magistr ...
Court: Orissa
Decided on: May-13-2011
1. In this writ petition challenge has been made to the order dated 14.07.2009 (Annexure-18) and order dated 25.08.2009 (Annexure-19) passed by opposite party no.2-Additional District Magistrate-Cum-Additional Registrar of Societies, Sundargarh. Under Annexure-18, opposite party No.2 has restored the membership of all the living members who constituted the Rourkela Technical Educational Society (in short, “Society”) in the year 1984- 85 vide Registration No.SGD-388/1984-85. Under Annexure-19 opposite party no.2 has approved the meeting of the Governing Body of the Society as per the proposal received from Sri Ramendra Kumar Pujari and others, but disapproved the resolution for removal of Sri P.K. Mohapatra from the primary membership of the Society on the ground that the allegations levelled against him require proper enquiry. The petitioners also seek for a declaratory relief that opposite party no.5- Sri R.K. Pujari, who is no longer the President of the Society as well a...
Tag this Judgment!Sri Nakula Charan Gochhayat Vs. Secretary, Jagatsinghpur Sub-divisiona ...
Court: Orissa
Decided on: May-13-2011
1. The Review petition has been filed with a prayer to review the order dated 04.12.2009 passed in O.J.C. No.872 of 2000 and for de novo hearing of O.J.C. No.872 of 2000 along with O.J.C. No.1545 of 1999 filed by the review petitioner. 2. While the Review petition was being heard, learned counsel for the parties appearing in the writ petitions were directed to make submission on merits, as the prima facie case for review of the order passed in O.J.C. No.872 of 2000 was made out by the petitioner. 3. The fact of this case in a nutshell is that the petitioner-Nakula Charan Gochhayat, who belongs to Scheduled Caste community, applied for a loan in the year 1986-87 to Jagatsinghpur House Building Cooperative Society Ltd., Jagatsinghpur (for short, ‘Society’) and availed a loan of Rs.38,000/- by mortgaging his homestead land and building constructed thereon. In order to avail the loan, he executed a mortgage deed dated 23.05.1986 in favour of the Society. As he defaulted in paym...
Tag this Judgment!Shri Hemanta Kumar Panda Vs. Commissioner-cum-secretary
Court: Orissa
Decided on: May-12-2011
1. This writ petition has been filed for a direction to the Central Bureau of Investigation (for short, ‘CBI’) to investigate into the allegationsbasing upon which various reports have been submitted, i.e., R.C.Behera Inquiry Report (Annexure-2), State Women Commission Enquiry Report dated 16.05.2008 (Annexure-3) on the allegation of women students, State Women Commission Report dated 19.05.2008 (Annexure-4) on the allegation of a lady Professor, complaint dated 10.12.2008 (Annexure-6) of Miss Bhagyalaxmi Pradhan, Enquiry Report dated 19.2.2010 (Annexure-8) submitted by Commissioner-cum-Secretary, Higher Education Department and on daily media diary (Annexure-10). Further, prayer of the petitioner is to direct Special A.G. (Audit) to make audit of the accounts of the Berhampur University. 2. This writ petition in the nature of a Public Interest Litigation has been filed by a practising Advocate claiming himself as a social as well as human activist. According to the petitio...
Tag this Judgment!Hemanta Sahu Vs. Indian Oil Corporation Ltd. and Others
Court: Orissa
Decided on: May-10-2011
1. This writ application has been filed with a prayer to cancel the purported interview dated 12.03.2010 and direct the officers of the Indian Oil Corporation Ltd. (for short, ‘Corporation’) to appoint the petitioner as a dealer of the Corporation on the basis of the interview/merit panel dated 12.02.2009 in the Kissan Seva Kendra at Polasara NH/SH. 2. Bereft of unnecessary details the facts and circumstances giving rise to this writ petition are that an advertisement was published in the Oriya daily Newspaper ‘Dharitri’ on 10.01.2008 by the Corporation for installation of Petrol Pump outlet in the name and style “Kisan Seva Kendra” (for short, ‘K.S.K.’)in different places through out the State of Orissa. In pursuance of the said advertisement, petitioner made an application in the prescribed format before opposite party No.2-Senior Divisional Retail Sales Manager, Bhubaneswar. According to the petitioner, he has submitted all the relevan...
Tag this Judgment!Smt. Mithila Seth Vs. the Collector, Bolangir
Court: Orissa
Decided on: May-04-2011
1. In this appeal, the appellant has challenged legality of the judgment dated 22.03.2010 passed by a learned Single Judge of this Court in W.P.(C) No.13386 of 2007 upholding the order dated 12.10.2007 of the Collector, Bolangir wherein the Collector declared the writ appellant disqualified to hold the office of Sarpanch, Badibahal G.P. under Loisingha Panchayat Samiti in the district of Bolangir on the ground that the same has been passed without appreciating the facts of the case in its properperspective and without taking into consideration several decisions cited by the appellant in support of her case and the fact that her 4 th son, Suman Seth was born on 03.12.1994 before the cut off date, i.e., 21.04.1995. 2. Bereft of unnecessary details, the facts and circumstances giving rise to the present appeal are that the election to the office of Sarpanch, Badibahal G.P. under Loisingha Panchayat Samiti in the district of Bolangir was held on 13.02.2007 in which the present appellant an...
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