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Orissa Court September 2013 Judgments

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Sep 16 2013

D.M.,m/S.N.i.A.Co. Vs. Sananda Ch.Pradhan

Court: Orissa

Decided on: Sep-16-2013

W.P.(C) No.2961 of 2004 & Misc. Case No.3091 o07. 16.9.2013 Heard learned counsel for the parties. This writ petition has been filed by the petitionerInsurance Company challenging the initiation of certificate proceeding vide Certificate Case No.157 of 2003, before the Certificate Officer, Cuttack, against the petitioner for realization of interest on the award compensation amount. It appears that in the Lok Adalat, which was held on 15.12.1996, a compromise was entered into between the claimants and the Insurance Company-petitioner, pursuant to which the Insurance Company was directed to pay Rs.95,000/- as compensation to the claimants within two months, failing which interest @ 12% per annum shall be payable from the date of the claim application i.e.19.7.1993, as per the order passed by the 1st Motor Accident Claims Tribunal, Cuttack, dated 04.4.1997, in Misc. Case No.539 of 1993, under Annexure-1. As the amount was No.paid within the stipulated period of two months, an application...


Sep 13 2013

Mamita Thati Vs. Nepura Pradhan and Another

Court: Orissa

Decided on: Sep-13-2013

HIGH COURT OF ORISSA : CUTTACK W.P.(C) No.9766 of 2013 In the matter of an application under Articles 226 and 227 of the Constitution of India. ----------Mamita Thati . . Petitioner -VersusNepura Pradhan and another . . For Petitioner : M/s. P.K.Nayak, A.K.Mahapatra, S.S.Mishra and S.K.Panigrahi For Opp. Parties : Opp. Parties M/s. J.K.Panda PRESENT : THE HONOURABLE SHRI JUSTICE S.C. PARIJ.----------------------------------------------------------------------------------------------------Date of Judgment:13. 09.2013 ----------------------------------------------------------------------------------------------------S.C. PARIJA, J.This writ petition has been filed challenging the judgment dated 12.04.2013, passed by the learned District Judge, Boudh, in Election Appeal No.04 of 2013, allowing the same in part and confirming the judgment dated 06.02.2013, passed by the learned Civil Judge (Jr. Division), Kantamal, in Election Petition No.05 of 2013, holding that the petitioner was not eli...


Sep 13 2013

Smt. Tejaswini Panigrahi, Sonepur Vs. Government of Odisha and Others

Court: Orissa

Decided on: Sep-13-2013

HIGH COURT OF ORISSA: CUTTACK W.A. No.571 of 2011 This appeal arises out of order dated 03.11.2011 passed by the learned Single Judge in W.P.(C) No.23288 of 2010. ---------Smt. Tejaswini Panigrahi, W/o Shri Kailash Chandra Tripathy, AT: Jamchhapar, PO: Seledi, PS: Binka, Dist: Sonepur. Appellent Respondents -Vrs.Government of Odisha and others For Appellant : For Respondents : M/s Goutam Misra & M.Panda M/s. Pratyusha, G.R.Mohapatra & A.Dash. ----------- P R E S E N T: THE HONBLE JUSTICE SHRI I.MAHANTY AND THE HONBLE JUSTICE SHRI B.N. MAHAPATRA ------------------------------------------------------------------------------------------Date of Judgment :13. 09.2013 ------------------------------------------------------------------------------------------B.N. Mahapatra, J.The Appellant in the present Writ Appeal assails the legality/validity of the order dated 03.11.2011 passed by the learned Single Judge in W.P.(C) No.23288 of 2010 dismissing the Writ Petition and upholding the order da...


Sep 13 2013

Sarat Kumar Patel, Bolangir Vs. State of Orissa and Others

Court: Orissa

Decided on: Sep-13-2013

HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.21313 of 2012 In the matter of an application under Articles 226 and 227 of the Constitution of India. -------Sarat Kumar Patel, S/o. Late Ramprasad Patel, Vill: Madhiapali, P.O./PS- Bolangir Sadar, Dist : Bolangir Petitioner Opp. Parties -VersusState of Orissa and others For Petitioner : For Opp. Parties : Mr. U.C. Pattnaik, M/s. A.K. Mohanty-B, S.R. Mohapatra & T.K. Mohapatra Mr. D. Panda, Additional Government Advocate ---------- P R E S E N T: THE HONOURABLE SHRI JUSTICE I. MAHANTY AND THE HONOURABLE SHRI JUSTICE B.N.MAHAPATRA Date of Judgment:13. 09.2013 B.N. Mahapatra, J.This writ petition has been filed with a prayer to quash the order dated 03.10.2012 (Annexure-8) passed by opposite party No.4Superintendent of Excise, Bolangir and allow the petitioner to operate his IMFL ON Shop inside the premises of Hotel Arnapurna in whose favour licence has been issued by the appropriate authority.2. Arnapurna Petitioners case in a nut-shell is tha...


Sep 13 2013

Dohita Behera Vs. Rajanibala Behera

Court: Orissa

Decided on: Sep-13-2013

09. 13.9.2013 Heard No.22922 learned counsel for the parties. W.P.(C) of 2012 & This writ petition has been filed by the elected Misc. Case No.19754 of 2012 Sarpanch of Maniabandha Gram Panchayat under Baramba Block in the district of Cuttack, challenging the judgment dated 16.11.2012, passed by the learned District Judge, Cuttack, in Election Appeal No.4 of 2012, dismissing the appeal and confirming the judgment dated 25.8.2012, passed by the learned Addl. Civil Judge (Jr.Divn.).Baramba, in Election Misc. Case No.02 of 2012, setting aside the election of the petitioner as Sarpanch of Maniabandha Gram Panchayat and declaring a casual vacancy. The brief facts of the case is that in the election for the post of Sarpanch of Maniabandha Gram Panchayat, which was held on 13.2.2012, the present petitioner was declared elected. Challenging the said election of the petitioner as Sarpanch of Maniabandha Gram Panchayat, the opposite party no.1 filed Election Misc. Case No.02 of 2012 before the l...


Sep 13 2013

Bira Kishore Raj Vs. Utkal University

Court: Orissa

Decided on: Sep-13-2013

W.P.(C) No.679 o22. 13.09.2013 The petitioner in the aforementioned writ application has prayed, inter alia, to quash the advertisement dated 12.04.1996 issued by the Utkal University for the post of Lecturer in Physics and to consider him for the said post since he was the only scheduled caste candidate, who appeared at the interview. The case of the petitioner is that an advertisement was published by the Registrar, Utkal University- opposite party No.2 inviting applications for the posts of Professor, Reader, Lecturer and others for the Post Graduate Department of Physics. The last date of submission of the application was 31.5.1996. In the said advertisement, it was indicated that out of two posts of Lecturer in Physics, one is reserved for Scheduled Caste and the other for Scheduled Tribe. The petitioner was the only eligible scheduled caste candidate for the said post. While the matter stood thus, another advertisement was issued by the University on 10.9.1996 vide Annexure-2 mo...


Sep 12 2013

Natabara Baidya Vs. Rto-c-t.O.,keonjhar

Court: Orissa

Decided on: Sep-12-2013

W.P.(C) No.21212 o2. 12.9.2013 Heard learned counsel for the petitioner and learned Standing counsel for the Transport Department. It is submitted by the learned counsel for the petitioner that the petitioner is the registered owner of the vehicle bearing Registration not OR-09-A/1496 and OR-09-A/1497 (Tractor and Trailer) and the opposite party is not granting permit and fitness certificate in respect of the said vehicle as the petitioner is in default of paying tax and penalty for some period. Learned counsel for the petitioner further submits that the petitioner is willing to deposit the tax, but the penalty amount being excessive, the same may be reduced. Considering the submissions made, it is directed that if the petitioner pays the tax demanded by 27.09.2013 and undertakes before the opposite party to pay 60% of the penalty amount in three equal consecutive installments, i.e., by 15.10.2013, 30.10.2013 and 15.11.2013, then on payment of tax and the fiRs.installment of the penalt...


Sep 12 2013

Bijay Ku.Moharana Vs. Exe.Engineer,cesu

Court: Orissa

Decided on: Sep-12-2013

WP (C) NO.2107 OF 201.06 12.09.2013 Heard learned counsel for the parties. This writ petition has been filed challenging the Final Assessment Order, dated 16.07.2012 (Annexure-3).under which the petitioner has been directed to pay an amount of Rs.1,23,147/- towards electricity charges. Learned counsel for the petitioner submits that after issue of the Final Assessment order, the petitioner has already deposited Rs.50,000/- on 08.08.2012, as per Annexure-4, a further amount of Rs.30,000/- as per Annexure-9 and a sum of Rs.20,000/- pursuant to the order of this Court dated 05.02.2013, passed in Misc.Case No.1948 of 2013. It is submitted that as the petitioner has already paid Rs.1,00,000/-(rupees one lakh).he may be permitted to approach the Executive Engineer (Electrical)opposite party no.1, to reconsider the electricity charges imposed, which according to the petitioner is not proper and justified. It is further submitted that the amount of Rs.16,750/- has been illegally charged in eac...


Sep 12 2013

Gandaram Bhoi Vs. Regulated Market Co

Court: Orissa

Decided on: Sep-12-2013

W.P.(C) No.9531o08. 12.09.2013 Learned counsel for the petitioner is permitted to implead Orissa State Agriculture Marketing Board, Bhubaneswar, as opposite party no.3 to the writ petition in Court today. Learned counsel for the opposite party no.1 files a counter affidavit in Court today, copy of which is served on learned counsel for the State, which be kept on record. Heard learned counsel for the parties. This writ petition has been filed challenging the inaction of the opposite parties in not releasing the subsistence allowance to the petitioner for the period of suspension w.e.f.01.04.1997 to 24.08.2006 and arrear salary w.e.f.25.08.2006 till the date he was actually reinstated, i.e.27.08.2010. Learned counsel for the petitioner with reference to the order sheet under Annexure-1 submits that as the Collector, Subarnapur-cum-Chairman, Dunguripali, by order Regulated dated Market 25.08.2006 had Committee, directed for reinstatement of the petitioner, with effect from the said date...


Sep 12 2013

M/S. Trafalgar House Construction (Tssjv) and Anot Vs. Govt. of Orissa ...

Court: Orissa

Decided on: Sep-12-2013

ORISSA HIGH COURT: CUTTACK. W. P. (C) No.6989 OF 200.In the matter of an application under Articles 226 and 227 of the Constitution of India ----------M/s. Trafalgar House Construction (T) Satyam Shankarnarayan Joint Venture (TSSJV) and another Petitioners -versusGovernment of Orissa, Department of Energy and others. For Petitioners : .. Opp. parties M/s. D.K.Dwibedi, A.N.Mohanty, S.K. Ray Choudhury, B. Guin and G.M.Rath. For opp. parties : M/s. R.K. Rath, Senior Advocate, N.C.Mohanty, B.K.Mohanty & S.K. Dash ( For O.P. No.1) ------------------------------Decided on 12.09.2013 -------------------------------PRESENT; THE HONOURABLE SHRI JUSTICE M.M.DAS -----------------------------------------------------------------------------------------------------------------M. M. DAS, J.Heard learned counsel for the parties on the question of maintainability of this writ petition, which was raised by the learned counsel for the opposite. party no.1.2. Facts involved in the present case in short a...


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