Orissa Court July 2013 Judgments
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Sith Prasad Singh Vs. Collector, Bargarh and Others
Court: Orissa
Decided on: Jul-17-2013
ORISSA HIGH COURT : C U T T A C K W.P.(C) NOS.5627 & 5982 OF 201.In the matter of applications under Articles 226 and 227 of the Constitution of India. In W.P.(C) No.5627/2013 Jibardhan Sahu & Others : Petitioners -VersusCollector, Bargarh & Others : Opp.Parties For petitioners : M/s.H.S.Mishra, A.K.Mishra & R.Dash For O.Ps.1 to 3 : Learned Additional Standing Counsel For O.P. 4 : M/s.R.K.Sarangi & A.Parida In W.P.(C) No.5982/2013 Sith Prasad Singh : petitioner -Versus- Collector, Bargarh & Others : Opp.Parties For petitioner : M/s.H.S.Mishra, A.K.Mishra & R.Dash For O.Ps.1 to 3 : Learned Additional Standing Counsel For O.Ps.4 to 7 : M/s.R.K.Sarangi & A.Parida PRESENT:THE HONOURABLE MR. JUSTICE B.K.NAYAK Date of argument :17. 07.2013 Date of judgment :17. 07.2013 2 B.K.Nayak, J.In both the writ petitions the very same order dated 19.2.2013 passed by the Collector, Bargarh in Misc. Case No.15/2012 under Section 6-A of the Essential Commodities Act has been challenged. This order has bee...
Narendra Rout Vs. Narasingha C.Rout
Court: Orissa
Decided on: Jul-17-2013
F.A.O. NO.506 OF 200.10. 17.07.2013 This is an appeal against the order dated 21.8.2009 passed by the learned Civil Judge (Senior Division), Bhubaneswar in I.A. No.828 of 2008 registered under Order 39, Rules 1 and 2 C.P.C. arising out of C.S. No.1197/2008.2. The plaintiff-petitioner before the learned lower court has filed the Suit for partition of the plaint schedule property. On his prayer, the learned lower court has passed the impugned order directing the opposite parties not to alienate the suit properties during the pendency of the suit without the leave of the Court.3. party The present appellant is the defendant-opposite No.1 before the learned lower court. Being aggrieved, he has preferred this appeal to set aside the impugned order. Respondent No.1 is the plaintiff in the suit and Respondent Nos.2 and 3 are D.2 and D.3, respectively. Defendant Nos.4 to 6 in the suit are not parties to the proceeding under Order 39, Rule 1 C.P.C. The plaintiff-respondent No.1 has brought the ...
Rabindranath Choubey Vs. Chairman-cum-m.D., Mahanadi Coalfields Ltd., ...
Court: Orissa
Decided on: Jul-17-2013
THE HIGH COURT OF ORISSA : CUTTACK. W.A. No.115 of 2012 In the matter of an appeal against the order dated 21.03.2012 passed by the learned Single Judge in W.P.(C) Nos. 24835 of 2011. ___________ Rabindranath Choubey Appellant -VersusChairman-cum-Managing Director, Mahahadi Coalfields Ltd., Jagruti Vihar, Burla, Sambalpur & Another. Respondents. For appellant : M/s. C. Ananda Rao, S.K. Behera, A.K. Rath & G.B. Panda. For respondent No.1 : M/s. Debraj Mohanty & Sujit Mohanty. --------------------- PRESENT ; THE HONOURABLE CHIEF JUSTICE MR C. NAGAPPAN AND THE HONOURABLE MR. JUSTICE PRADIP MOHANTY _______________________________________________________________________ Date of judgment - 17-07-2013 _______________________________________________________________________ C. Nagappan, C.J.This writ appeal is preferred challenging the order dated 21.03.2012 passed by the learned Single Judge in W.P.(C) No.24835 of 2011. The writ petitioner is the appellant herein.2. The brief facts of the ca...
Narasingh Ch. Nanda Vs. Land Aquisition
Court: Orissa
Decided on: Jul-17-2013
FA No.295 of 2001 & LAA 40/017. 7.2013 Both the appeals under section 54 of the Land Acquisition Act 1994 (for short the Act) having arisen from the same award passed by the learned Civil Judge (Senior Division), Jagatsinghpur in LA Misc. Case No.28 of 2000 those are taken up together to be disposed of by this common order.2. In FA No.295 of 2001 the claimant No.1 is the appellant. After the death of the claimant, late Narasingh @ Nrusingha Chandra Nanda, his son Gokulananda Nanda has been substituted. In LAA No.40 of 2002, the Land Acquisition Collector, Jagatsinghpur is the appellant. Another claimant namely Daitari Nanda has been arrayed as respondent No.2 in both the appeals. While in FA No.295 of 2001, the appellant claims more compensation on different counts in LAA. No.40 of 2002, the appellant challenges the impugned award on the ground that the determination of the market value made by the learned Civil Judge (Senior Division) is excessively high.3. Land measuring A 0.67 decs....
Saraswati Dei Vs. Gopinath Jew
Court: Orissa
Decided on: Jul-17-2013
RFA NO.140 OF 200.Misc. Case No.68 o17. 17.07.2013 This petition for appointment of Receiver of the Suit schedule property arises out of R.F.A.No.140 of 2009. The Respondent No.1 is the petitioner herein and the appellant is the contested opposite party No.1. In a Suit for declaration of title by way of adveRs.possession with other consequential reliefs filed by the appellant-opposite party No.1, the learned trial court has dismissed the Suit but it has recorded findings to the effect that the appellant-opposite party No.1 has been in possession of the Suit land appertaining to Plot No.236 under Consolidation Khata No.15 of Mouza Anakhia. Plaintiff-appellants case is that the Suit land which belonged to the deity Sr.Gopinath Jew at Adhanga was sold to him under Registered Sale Deed No.3919 dated 11.7.1959 executed by the then Managing Trustee, Harekrushna Tripathy, and since then he has been in possession of the land. However, the sale transaction was without prior permission from the...
Jibardhan Sahu and Others Vs. Collector, Bargarh and Others
Court: Orissa
Decided on: Jul-17-2013
ORISSA HIGH COURT : C U T T A C K W.P.(C) NOS.5627 & 5982 OF 201.In the matter of applications under Articles 226 and 227 of the Constitution of India. In W.P.(C) No.5627/2013 Jibardhan Sahu & Others : Petitioners -VersusCollector, Bargarh & Others : Opp.Parties For petitioners : M/s.H.S.Mishra, A.K.Mishra & R.Dash For O.Ps.1 to 3 : Learned Additional Standing Counsel For O.P. 4 : M/s.R.K.Sarangi & A.Parida In W.P.(C) No.5982/2013 Sith Prasad Singh : petitioner -Versus- Collector, Bargarh & Others : Opp.Parties For petitioner : M/s.H.S.Mishra, A.K.Mishra & R.Dash For O.Ps.1 to 3 : Learned Additional Standing Counsel For O.Ps.4 to 7 : M/s.R.K.Sarangi & A.Parida PRESENT:THE HONOURABLE MR. JUSTICE B.K.NAYAK Date of argument :17. 07.2013 Date of judgment :17. 07.2013 2 B.K.Nayak, J.In both the writ petitions the very same order dated 19.2.2013 passed by the Collector, Bargarh in Misc. Case No.15/2012 under Section 6-A of the Essential Commodities Act has been challenged. This order has bee...
Rekharani Das Vs. Addl.Dist.Magistrate
Court: Orissa
Decided on: Jul-17-2013
W.P.(C) NO.15864 OF 201.2. 17.7.2013 Heard learned counsel for the petitioner and learned Addl. Government Advocate.2. order This Writ Petition has been filed by the petitioner challenging the dtd.11.8.1998 passed by the Addl. District Magistrate, Bhubaneswar in Revision Case No.908 of 1998 under Section 7A (3) of the O.G.L.S Act, 1962 cancelling the lease granted in favour of the original lessee by the Tahasildar, Bhubaneswar in W.L Case No.2893 of 1974 without giving an opportunity of hearing to the petitioner.3. On perusal of records, it appears that the land appertaining to Plot No.1198, Khata No.420 of Mouza Patharagadia measuring an area of Ac.1.500 decimals was originally leased out in favour of one Hata Majhi by the Tahasildar, Bhubaneswar in W.L Case No.2893 of 1974 for agricultural purposes. After death of the original lessee, his legal heirs sold a portion of the aforesaid land in favour of the petitioner measuring Ac.0.125 decimals under Registered Sale Deed dtd.25.6.1985....
Union of India and Another Vs. Ananta Prasad Sahoo
Court: Orissa
Decided on: Jul-16-2013
HIGH COURT OF ORISSA: CUTTACK. R.F.A. NO.127 of 2011 From the judgment and decree dated 20.6.2011 passed by Shri B.K. Patra, Civil Judge (Senior Division), Balasore in C.S. No.45 of 2010-III. Union of India and another Appellants Respondent - VersusAnanta Prasad Sahoo For Appellants : Mr. Janmejaya Katikia (CGC) For Respondent : Mr. S. Rath, B.K. Nayak-3, D.K. Mohanty and M/s. G. Rath --------PRESENT: THE HONOURABLE SHRI JUSTICE B.K. PATEL Date of hearing 25.4.2013 :: B.K. PATEL, J.Date of judgment 16.7.2013 Defendants, who represent Union of India in the Ministry of Shipping, Road Transport and Highways, are in appeal against the judgment and decree passed by learned Civil Judge (Senior Division), Balasore in C.S. No.45 of 2010-III by which the suit for realization of Rs.8,35,578/- instituted by the respondent-plaintiff has been decreed.2. Plaintiff is an Advocate. He was appointed as Additional Standing Government Counsel of the Government of India by order dated 4.7.2005 and ther...
Arjuna Mohapatra Vs. Dhaneswar Mohapatra and Others
Court: Orissa
Decided on: Jul-16-2013
HIGH COURT OF ORISSA: CUTTACK. RFA No.35 of 2002 From the judgment and decree dated 27.3.2002 passed by Shri P.C. Mohapatra, learned Civil Judge (Senior Division), Athmallik in Title Suit No.79 of 2000. Arjuna Mohapatra Appellant - VersusDhaneswar Mohapatra and others For Appellant : Respondents M/s. S.C.Ghose, S.Ghose and P.C.Das For Respondents : M/s. A.C.Mohanty, R.C.Sahoo, G.N.Rout, L.Patnaik & S.K.Mishra. --------PRESENT: THE HONOURABLE SHRI JUSTICE B.K. PATEL Date of hearing 25.6.2013 :: B.K. PATEL, J.Date of judgment 16.7.2013 This appeal is directed against the judgment and decree passed by learned Civil Judge (Senior Division), Athmallik dismissing Title Suit No.79 of 2000, a suit for partition. Appellant was the plaintiff and respondents were the defendants in the suit.2. Late Kalandi was the common ancestor of the parties. He had two sons, namely Late Ratnakar and late Ghosa. Plaintiff, being the son, as well as defendants 8 to 12 represent late Ghosas branch whereas def...
Ram Kumar JaIn Vs. Ramakanta Gouda and Another
Court: Orissa
Decided on: Jul-12-2013
ORISSA HIGH COURT : CUTTACK R.S.A. No.162 OF 201.From a judgment and decree dated 31.3.2011 passed by Shri A.K. Acharya, learned District Judge, Kalahandi-Nuapada at Bhawanipatna in RFA No.47 of 2010 (Election) confirming the judgment and decree dated 8.11.2010 passed by Shri Harihara Biswal, learned Civil Judge (Senior Division), Bhawanipatna in C.S. No.13 of 2010. -----------Ram Kumar Jain Appellant -versusRamakanta Gouda and another For Appellant : For Respondents : Respondents M/s. M.Mishra, Mrs. M.Mishra, B.K.Mishra, S.B. Mohanty, G.C. Bhuyan & J.Panda. M/s. U.K.Samal, C.D. Sahu, M.R.Mohapatra, S.P. Patra & S.Naik. (For respondent no.1) M/s. B.B.Mohanty and B. P. Acharya. (For respondent no.2) -----------------Decided on 12 .07.2013 ------------------PRESENT: THE HONOURABLE MR. JUSTICE M. M. DAS -------------------------------------------------------------------------------------M.M. DAS, J.This Second Appeal has been preferred against the judgment dated 31.3.2011 passed in RFA ...
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