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Manoj Kumar Sahu Vs. State of Orissa and anr.

Court : Orissa

Reported in : 2008(II)OLR256

..... 5 failed to furnish up-to-date sales tax clearance certificate at the time of submission of the application form but the collector permitted them to participate in the lottery subject to condition that they shall produce up-to-date sales tax clearance certificate in the event of settlement of the shop. ..... 5 were found suitable for consideration for settlement of the said shop through lottery process subject to production of valid documents as per their undertaking submitted in response to letter no. ..... 5 having not mentioned the essential requirement whether he is convicted or not by any court of law, he should not have been allowed to take part in the lottery and the licence could not have been granted in his favour. ..... in the result, we allow the writ petition, quash the result of the lottery held on 10.3.2008 and the exclusive privilege granted to opposite party no. ..... 5 in respect of the aforesaid off shop and to declare him as the lottery winner being the remaining qualified and sole applicant for the said shop.2. ..... 5 to furnish undertaking in shape of an affidavit showing their readiness to furnish the necessary documents on the very date of drawal of lottery in connection with settlement of imfl off shop by 15.2.2008. ..... 5 was declared as the winner and was asked to produce the wanting documents within 7 days from the date of drawal of lottery and both petitioner as well as opposite party no. .....

Bhimsen Sahu and anr. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 101(2006)CLT524

..... inserted which was exactly the same as that of sub-clause (i) of clause (x) of annexure-2 which reads as follows :clause 3(xi)(n) : the decision of the excise commissioner relating to any dispute on account of lottery in the district level shall be final which shall be binding on all the applicants to the lottery.sub-section (2) of section 8 of the bihar & orissa excise act, 1915 envisages that orders passed under this act under any rule made hereunder shall be appealable in such ..... -1 of annexure-2 is quoted below :the consideration money for exercising the exclusive privilege for retail sale of country liquor in the district of...will be determined through 'inviting applications on fixed consideration money and by draw of lottery' in accordance with the order issued under sub-section (2) of section 29 of the bihar and orissa excise act, 1915, (no. ..... plea of estoppel raised by the learned counsel shri ray is not tenable at all for the reason that by the time of the draw of lottery for allotment of out-still liquor shops it was not known to the petitioners that opp. ..... ).pursuant to the amendment, the collector, ganjam-gajapati, invited applications in form-a on 13.7.2005 (annexure-3) for settlement of country liquor shops through lottery for the year 2005-2006 giving rise to the option to the petitioners, opp. ..... & 7 have filed counter with the averments that grant of exclusive privilege by way of lottery is not amenable to the writ jurisdiction as the same is appealable under the act. .....

Dilu Sahu and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2005Ori89; 99(2005)CLT666; 2005(I)OLR60

..... the act has already come into force with effect from 2.10.1997, the state government could issue a notification on 14.10.1999 prohibiting the sale of tickets of a lottery organised, conducted or promoted by every other state under section 5 of the act without even a direction of the central government under section 10 of the act. ..... there is no mention whatsoever in section 5 of the act that the state government could prohibit the sale of tickets of a lottery organised, conducted or promoted by every other state only upon a direction being given by the central government under section 10 of the ..... of october, 1997 and once the act has come into operation in the state of orissa, the state government has the power under section 5 to prohibit the sale of tickets of the lottery organised, conducted or promoted by any other state even without a direction of the central government under section 10 of the act. ..... in this case, by the legislative enactment under sub-sections (2) and (3) of section (1) of the lotteries (regulation) act, 1998 the said act has been brought into force in the whole of india with effect from 2nd of october, 1997 and in the said section 1, no provision has been ..... but the language of sub-sections (2) and (3) of section 1 makes it clear that the lotteries (regulation) act, 1998 extends to the whole of india including the state of orissa and is deemed to have come into force on 2nd of october, 1997 and therefore there is no further necessity of a notification to apply .....

Rajanibala Das Vs. Regional Transport Authority and ors.

Court : Orissa

Reported in : AIR2003Ori28; 94(2002)CLT572; 2002(II)OLR614

..... according to the petitioner, such decision to dispose of the applications on the basis of lottery is unauthorised and totally out-side the purview of the provisions of the motor vehicles act, 1988 (hereinafter referred to as 'the ..... was surprised to find the impugned notice bearing number 3010 dated 13.8.2002 issued by the rta, cuttack indicating that the applications mentioned therein including that of the petitioner would be considered through 'lottery process' on 16.9.2002 along with other applications to be received in response to another notice no. ..... counsel, however, submitted that consideration of applications by 'lottery process' would exclude favouritism or nepotism. 4. ..... impugned notices (annexures-1 and 2) so far as they relate to consideration of the applications by way of lottery process' are hereby quashed. ..... 2002 (annexure-2) to consider all the applications through 'lottery process' is illegal and unauthorised. ..... it is an undisputed fact that in a lottery method, element of chance or luck is inherent and is within the ..... in a lottery system when there is an element of chance or luck, is the regional transport authority, cuttack justified in proposing to dispose of the applications received from the intending operators for grant of stage carriage permits through lottery process this is the moot question that arises for consideration in this writ petition filed by one of the intending operators to operate her vehicle (bus) on cuttack-paradeep route when she seeks to assail .....

Dr. Hemanta Chandra Panda and ors., Etc. Etc. Vs. State of Orissa and ...

Court : Orissa

Reported in : AIR1997Ori98

..... the candidate was not taking part in a lottery like some crossword puzzles in newspapers and periodicals announcing prizes for the answers which tally with those selected by the organisers. ..... what is permissible in a lottery is not permissible in a text where performance of candidates is judged. .....

Smt. Kanakalata Biswal Vs. Orissa State Housing Board and ors.

Court : Orissa

Reported in : 1991(II)OLR42

..... when opposite parties, called for consent, a house should have been earmarked for her to be allotted to another only on her refusal or failure to pay the amount, merely because, houses were allotted by lottery does not mean that the same would be applied to cases where applicants were never given to understand about the said procedure. ..... on a perusal of the records before us, we find that petitioner was never given to understand that houses would be allotted by lottery if the number of applications and consents would be more than the houses available. ..... accordingly, there was a lottery and the petitioner could not be selected by such process.4. .....

Ashok Kumar Majhi and Another. Vs. State of Orissa and ors.

Court : Orissa

..... that assuming for the sake i argument that an imfl off shop was required to be opened at village boden, even then, the decision of the state government to settle the said imfl off shop through "lottery" was not in consonance section a 29(2)(a) of the bihar and orissa excise act, 1915, since, it was stipulated therein that the state government may grant exclusive privilege either by "auction" or by calling " ..... advocate further submitted that the q contention of the petitioners that grant of exclusive privilege through f f "lottery" was contrary to the requirements of section 29 (2)(a) of the 7 7 ,p__ bihar & orissa ..... it is further submitted that even though, the intervenor was found successful in the lottery held for the purpose of identification of an exclusive privilege holder for an imfl off shop at village boden in c a n if the district of nuapada since 23.07.2010 due to an interim order / passed by this court ..... aforesaid amendment of the government order and stated that, t the intervenor and fortyone other individuals had applied for grant of licence for opening of imfl off shop at village boden through "lottery" system and accordingly, the intervenor was found to be successful in i such lottery and became entitled for grant of such exclusive privilege. mr. ..... mohanty further submitted that, no objection against grant of k exclusive privilege by "lottery" ought to be entertained, since the same is a in consonance with the government order issued for such purposes a and as amended .....

Sri Manbodh Putel Vs. State of Orissa and Others

Court : Orissa

..... the writ petition the documents under annexures-7 and 8 will not become redundant as the privilege once granted by the government and the shop in question is settled through lottery by the collector, the right of the exclusive privilege holders of the entire state of orissa including o.p. ..... learned senior advocate appearing for the petitioner submits that for the year 2009-10 no licence was issued by virtue of order of this court and the lottery held for the year 2009-10 has become infructuous by efflux of time. ..... under section 29(2) of the act, it is not correct to say that the lottery held for the year 2009-10 is infructuous.for the year 2010-11, the state government issued guidelines dated 25.02.2010 and paragraph 22 of the said guidelines provides that all the existing ..... issued the sale notice for settlement of the kegaon imfl off shop through lottery to be held on 07.08.2009 with the terms and conditions mentioned therein. ..... issued notice in form-a bearing no.952 dated 24.07.2009 inviting applications for settlement of the imfl off shop in question at kegaon along with others through lottery for the year 2009-10 fixing the date to 07.08.2009. 3. ..... of issuance of licence for operation of kegaon imfl off shop for the year 2010-11 on renewal basis under annexure-12 on the basis of the result of the lottery held for the year 2009-10 though opp. ..... have commenced the proceedings from the stage of issuance of public notice to the stage of holding of lottery and grant of licence.the opp. .....

Laxmi Charan Patra, Ganjam and Others Vs. State of Orissa and Others

Court : Orissa

..... the petitioners case in a nutshell is that opposite parties- authorities are processing to open a new imfl off shop at singipur 2 under pattapur police station and digapahandi excise charge of ganjam district through lottery for the remaining period of 2011-12 in gross violation of the statutory provisions of law and completely ignoring the objections raised by the local inhabitants of singipur, sarpanch and chairman of the concerned area. ..... on 29.11.2011 in terms of the notification, practice and law, the lottery was drawn by opposite party no.3-collector, ganjam in presence of 51 applicants and on the basis of the result thereof the intervenors-petitioners were selected to be issued with the licence for the period 2011-2012. ..... the lottery of singipur imfl off shop was held on 29.11.2011 and one sri ajit kumar sahu has been declared as the lottery winner of singipur imfl off shop but license has not been issued to him in compliance with the interim orders of this court. ..... mahapatra, j.this writ petition has been filed with a prayer to quash the notice dated 17.11.2011 (annexure-6) issued by opposite party no.3collector, ganjam for settlement of an imfl off shop at singipur through lottery. .....

Smt.Pranati Priyadarshini Dash, Jajpur Vs. Union of India and Others

Court : Orissa

..... in the facts situation, we direct opposite party-bpcl to make the second draw/lottery of lpg distributorship for chhatia within a period of four weeks from today and select lpg distributor as per the said draw in accordance with the terms and conditions of the advertisement.16. ..... (in short, bpcl ) to make second draw/lottery for selection of lpg distribution for chhatia under rgglv distributor scheme.2. ..... for the reasons stated above, opposite party no.4 does not fulfill the criteria for selection of lpg distributorship for chhatia and 18 opposite party-bpcl is not justified in cancelling the second lottery/draw scheduled to be held on 12.08.2010.15. ..... as per the condition stipulated in clause-8 of the advertisement, the selection of candidates for lpg distributor was to be made by lottery among the eligible candidates. ..... this fact has been admitted by the opposite party-corporation for which they have decided to go for second draw/lottery. .....