Court : Orissa
Reported in : AIR2005Ori89; 99(2005)CLT666; 2005(I)OLR60
Pradip Mohanty, J. 1. All these Writ Applications under Articles 226 and 227 of the Constitution of India have been filed challenging the notification dated 14.10.1999 issued by the State Government in exercise of its power under Section 5 of the Lotteries (Regulation) Act, 1998 (hereinafter referred to as 'the Act'). Since the question of law involved in all these Writ Applications is one and the same, they are disposed of by this common judgment.2. The State Government has issued a notification dated 14.10.1999 prohibiting sale of tickets of all lotteries organised, conducted or promoted by other States within the State of Orissa. This notification has been issued in exercise of the power under Section 5 of the Act which is under challenge. The copy of the said notification has been annexed as Annexure-2 to W.P.(C) No. 2893 of 2004. Prayer has also been made to declare Section 5 of the Act as inter vires. The State Government has filed its counter supporting the notification.3. Mr. B...
Tag this Judgment!Court : Orissa
Reported in : 98(2004)CLT716; [2005(104)FLR516]
B.P. Das, J.1. Orissa Association for the 'Blind (hereinafter called 'the Association') represented through its General Secretary Shri Binod Bihari Sahoo and two of its members, claiming to be espousing the cause of blind persons, have filed this writ application challenging the action of the opp. parties, i.e.. the State and its officials, in not considering the blind candidates for their engagement as Swechhasevi Sikshya Sahayaks (shortly 'S.S.S.') in primary and upper primary schools in the State under the reservation meant for them in accordance with the instructions/resolutions issued by the State Government. The petitioners have prayed for issuance of a writ in the nature of mandamus directing the opp. parties to give appointment to the trained/untrained blind candidates as per the list, Annexure-2 and similar other candidates as SSS relaxing C.T./B.Ed. training qualification under 1% reservation quota. It is stated that the Association is registered under the Societies Registrat...
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori28; 94(2002)CLT572; 2002(II)OLR614
R.K. Patra, J. 1. 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 the notice No. 3910 dated 13.8.2002 at Annexure-1. 2. Briefly stated the case of the petitioner is that she applied for grant of permit on 15.12.1995 for operation of her bus bearing registration number OR-04-6075 as Express Service on Cuttack-Paradeep route. The Regional Transport Authority (in brief 'RTA') duly received it but instead of disposing of the same on merit in accordance with law, has kept it pending without passing any order thereon. The approached the concerned authority on many occasions but her reques...
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT697; 1999(II)OLR53
A. Pasayat, J.1. In this appeal under the Letters Patent, judgment of learned Single Judge of this Court in First Appeal No. 86 of 1978 affirming the judgment and decree passed in Title Suit No. 151 of 1972 by the learned Subordinate Judge, Athagrarh (hereinafter referred to as the 'trial Judge') is under challenge.2. The facts leading to filing of the appeal essentially are as follows:Plaintiff-respondents in this appeal filed a suit for a declaration that their interest in the property of the joint family in which they were members is not affected by the sale of the property for recovery of damages in Money Suit No. 15 of 1957 and in Title Suit No. 16 of 1960. Their stand was that the decree for damages was against the defendants personally and joint family interest could not have been sold. The suit was decreed. Defendants took the stand in the suit and in the First Appeal that the decree passed against defendant Nos. 17 to 19 were not due to any criminal acts done and the plaintiff...
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori46
P.C. Naik, J.1. This petition under Articles 226 and 227 of the Constitution of India has been filed forquashing the orderdated 9-8-1996 passed by this Court in O.J.C. No. 6483 of 1995 (Bapujinagar Khudra Byabasai AssocatiOn v. Slate of Orissa and others) whereby the said writ petition filed by Bapujinagar Khudra Byabasai Association (opposite party No. 3 in the present writ petition) was allowed. The petitioner of that writ petition being apprehensive of being dispossessed under the Eviction Drive launched by the Bhubaneswar Municipality, had approached this Court for relief. The prayer was that as they had been in possession of different parcels of land from where they were carrying on their business and earning their livelihood, their dispossession without providing alternative site would ruin them as they would lose theirbusiness and hence their lovelihood. The Bhubaneswar Municipality on being noticed had undertaken that the persons who were to be dispossessed from the plot in que...
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori98
R.K. Patra, J. 1. In this batch of petitions the controversy veers round the admission to Post-graduate Courses in the three Government Medical Colleges of the State. For the sake of convenience, they were heard together and are disposed of by this judgment. 2. Applications in the prescribed forms were invited for selection of candidates for Post-Graduate Courses leading to M.D./ M.S. Degree and Higher Specialties Courses, 1996 available in the three Government Medical Colleges of the State. The last date of receipt of application forms was 30-5-1996. (In these matters, as there is no grievance with regard to admission to Higher Specialties courses, we have not referred to any clause of the prospectus dealing with that course). As prescribed under Clause 9 of the prospectus a competitive entrance examination was held on 16-6-1996 to fill up 184 seats in the Post-Graduate Courses (91 seats for direct candidates and 93 seats for in-service candidates). The break-up of the seats as indica...
Tag this Judgment!Court : Orissa
Reported in : 82(1996)CLT907
P.K. Mohanty, J.1. The petitionerswho were applicants for allotment if differenttypes of houses under Gopabandhu NagarHousing Scheme, Stage-II, Chhond underRourkela area by the Rourkela DevelopmentAuthority, have jointly approached thisCourt, challenging the enhancement in rateand alteration in the size of plots, intimatedvide Annexure-4 the letter of provisionalallotment made in their favour being illegaland contrary to the stipulations made in thebrochure issued to them, a copy whereof isAnnexure-1.2. The main grievance of the petitioners as revealed from the pleadings and submissions made on their behalf is that the erstwhile Regional Improvement, Trust, Rourkela, published an advertisement inviting application for allotment of houses of different categories like, Economically Weaker Section(E.W.S.), Lower Income Group (L.I.G.), Middle Income Group (M.I.G.) and Higher Income Group (H.I.G.)- at Gopabandu Nagar Composite Housing Accommodation Scheme at Chhend in last part of December,...
Tag this Judgment!Court : Orissa
Reported in : 1991(II)OLR42
S.C. Mohapatra, J.1. Non-allotment of a house at Rourkela by opp. parties under the housing scheme declared is the grievance of petitioner in this application under Article 226 of the Constitution of India.2. Houses under middle income group were to be constructed in Bisanti Housing Board Colony at Rourkela to provide accommodation to persons under the housing scheme prepared by the opp. party No. 1. Petitioner made an application for the same. Lastly she was tailed upon to give her final consent if she is willing to purchase the house on payment of full consideration. She gave her consent, In spite of it, when the house was not allotted to her she filed this writ application.3. Case of opposite parties is that number of applications for out -right purchase and consent of such applications was much more than number of houses available to be allotted. Accordingly, there was a lottery and the petitioner could not be selected by such process.4. By order dated 14-9-1985, this Court passed ...
Tag this Judgment!Court : Orissa
Reported in : 1991(I)OLR514
R.C. Patnaik, J.1. The petitioners in this batch of writ applications have assailed the valuation, of the performance at the entrance examination, 1990 held for admission to the M B B.S./B.D.S. Courses in the three Medical Colleges of the State and ancilarily the decision of the Selection Board in not selecting them for admission.2. Every year the State Government conducts an annual entrance examination for selection of candidates for admission to MBBS/BDS courses. For the 1990 entrance examination, the question paoer contained 150 multiple choice objective questions - each question carrying one mark. Four alternative answers were Indicated against each question, one of which was the correct or most appropriately correct answer to the question. The candidate was required to cross the alphabet box which stood for the answer, which he thought the correct or the most appropriately correct answer.3. There is no controversy as to most of the questions and the alternative answers. The contro...
Tag this Judgment!Court : Orissa
W.P.(C) No.1702 of 2014 06. 16.10.2014 The instant proceeding laid as a PIL registers the demur against the proposed demolition of the unmanned level crossing at Gate No.220-482 Kms/37-39 between Nirakarpur Railway Station and Bhusandpur Railway Station. A direction has been sought for to order the Railway Administration to upgrade the existing unmanned Level Crossing into a manned one in public interest. We have heard Mr.D.Mishra, learned counsel for the petitioner and Mr.A.Pal, learned counsel for the Railway-opposite party. The petitioners pleaded case is that the existing unmanned level crossing exists for the last 170 years and is the life link of the neighbouring villages located on the eastern and western sides of the railway track and is claimed to be the way used by lakhs of people. Besides agricultural lands around, cattle also move through the railway crossing for their grazing near Chitrakut Hill. That vehicular traffic also ply through the said unmanned level crossing has ...
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