Court : Orissa
Reported in : AIR1997Ori182
R.K. Patra, J.1. In this petition under Articles 226 and 227 of the Constitution, the petitioner M/s. New Kemilworth Hotel Private Limited through its Manager prays for a writ in the nature of mandamus restraining the Orissa State Financial Corporation Limited, opposite party No. 1, (hereinafter referred to as the Corporation) from evicting it from the disputed hotel premises. It also seeks quashing of the notice dt. 4-7-1996 (Annexure-2) by which the Corporation has communicated its decision to take over possession of the hotel premises under Section 29 of the State Financial Corporation Act, 1951,On 18-12-1996 notice was issued in the matter indicating that the matter is likely to be finally disposed of at the stage of admission. On 15-1-1997, M/s Ashoka Industries limited made an application to be impleaded as opposite party. The said prayer having been allowed, it has featured as opposite party No. 4 in the case. It has filed its counter affidavit resisting the prayer of the petiti...
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT191
ORDERM.M. Das, J.1. The Petitioner, which is a voluntary organization registered as a society having the aim and object to raise awareness amongst the people in regard to their rights, has come up with the present writ petition filed in the nature of Public Interest Litigation, inter alia, alleging that the three Medical Colleges and Hospitals run by the Government in the State as well as various Nurshing Homes situated in the city of Cuttack and elsewhere in the State by not following the provisions of law and not taking appropriate steps for due disposal of Biomedical Waste are causing Air and Water pollution inasmuch as the same is hazardous to the health of the local people as well as the patients and their attendants who are treated in the said Hospitals/Nurshing Homes.2. The Petitioner has alleged in the writ petition that the Biomedical Waste in the above mentioned Hospitals and Nurshing Homes are not being disposed of in accordance with the Biomedical Waste (Management and Hand...
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT477
M.M. Das, J.1. This Writ Petition has been filed in the nature of Public Interest Litigation challenging the action of the Government in transferring/allotting a piece of Government land situated in Cuttack City in favour of the S.C.B. Medical Public School- Opp. Party No. 5.2. The Petitioners have filed this Writ Petition claiming themselves to be fishermen by profession and members of different Fishery Co-operative Societies and also as members of the public. The question with regard to the locus standi of the Petitioners to maintain the present Writ Petition as a Public Interest Litigation would be dealt with at a later stage of this Judgment.3. As per the averments made in the Writ Petition, the land proposed to be transferred to the Opp. Party No. 5 constitutes an area of Ac. 5.715 decimals covering several plots under khata No. 136 in mouza - Cuttack Town, Unit No. 20, Mangalabag. The Record of Rights of the said land which has been annexed as Annexure-2 to the Writ Petition. Fro...
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT264
J.P. Mishra, J.1. The petitioner calls in question the order/judgment (Annexure-2) dated 16.11.2004 of the Election Tribunal-cum-District Judge, Balasore (O.P. No. 1) passed in Election Misc. Case No. 7 of 2003.2. The present writ petitioner Dhirendra Pandua (O.P. No. 1 before the Election Tribunal) contested from Ward No. 5, Basudevpur N.A.C. on 19.9.2003 so also Opp. party No. 5-Surendra Chandra Mohanty from Ward No. 15. Both of them were elected from their respective wards as Councillors as per the election result dated 20.9.2003. The writ petitioner contested and was also elected as the Chairman of the N.A.C. on 30.9.2003. The present Opp. Party No. 5 filed an Election Petition dated 15.10.2003 under Section 38 of the Orissa Municipal Act, 1950 (hereinafter referred to as the 'Act') alleging disqualification of the writ petitioner under Sections 16(i)(iv) and 17(1)(b) of the Act.3. In the said petition before the Election Tribunal, the Opp. Party No. 5 pleaded inter alia that the w...
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori109; 103(2007)CLT724; 2007(I)OLR750
ORDER1. Heard further argument from the Learned Counsel for the Petitioners in each of the Writ Petitions and also reply submitted by Learned Advocate General on behalf of the State, reply by Mr. R.C. Mohanty Learned Counsel on behalf of the Medical Council of India, reply by Mr. Rabi Narayan Acharya, Learned advocate on behalf of the Post-Graduate (Medical) Selection Committee and argument by Sri Rajat Kumar Rath, Learned Senior Advocate representing the interest of the interveners and reply from Learned Counsel appearing for the Petitioners, and all the Writ Petitions are disposed of in the following manner.2. On consent of the parties, analogous hearing of all the cases is made, because the dispute is relating to different norms fixed by the Government in the Prospectus in respect of the admission to the Post-Graduate (Medical) Course and this common Judgment shall abide the result in all the cases.3. Petitioner, in W.P.(C) No. 978 of 2007, is working under Swami Bibekananda Nationa...
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
Ray, C.J.1. The four cases, mentioned above, arising out of as many petitions, were some of the pending cases in respect of which the jurisdiction of the Patna High Court ceased from the 26th July, under Orissa High Court Constitution Order. They have since been transferred to this Court, and heard analogously, as the points for decision are common to all and will be governed by this order.2. Criminal Misc. 2/48 has been filed by one Saradhakar Naik of Bamra State, seeking interference of this Court, in the matter of illegal arrest and detention of one Jaydev Thakur of Bamra State and to order him to be set at liberty.3. Similarly, Cr Misc. nOS. 3, 4 and 5 of 1948 arise out of petitions filed, respectively, by Jayadev Naik of Bamra, Rual Naik and Pravakar Das of Kalahandi, in relation to the arrests and detentions of Batnakar Patra of Bamra, Nilakanth Patnaik and Lingaraj Daa of Kalahandi. In all the petitions, the legality of arrests and detentions of the prisoners has been challenged...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT442; (2008)15VST587(Orissa)
I. Mahanty, J.1. The Petitioner is Government of Orissa Undertaking incorporated under the Companies Act and is engaged, inter alia, in the business of generation of power and for such purpose, it has established Thermal Power Plants for operation and maintenance of the same within the State of Orissa.2. The Petitioner-Company applied for registration as a dealer both under the O.S.T, Act and the C.S.T. Act to the Sales Tax Officer, Bhubaneswar-II Circle, Bhubaneswar and was granted with C.S.T. registration Certificate on 17.3.1987 under Section 7(2) of the C.S.T. Act and the following endorsement was made on the registration certificate granted to the Petitioner under the C.S.T. Act and 'all machineries and equipments associated with construction operation and maintenance of large Thermal Power Station, Pumps, Compressors, earth moving Machineries, Turbine generators, Transformers, Switch gears and Laboratory equipments'.3. After the aforesaid certificate was granted to the Petitioner...
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT110
M.M. Das, J.1. The petitioners in this Writ Petition who are residents of Nayapalli area in Bhubaneswar Town, have filed the present Writ Petition in the nature of Public Interest Litigation for quashing the lease and subsequent approval of the building plan and grant of permission made in favour of Opp. Party No. 6 for construction of a hotel over Plot No. B/6 corresponding to revenue plot Nos. 1578 (Part), 1603 and 1602 (Part) in Khata No. 1427 in unit XVI, mouza Jayadev Bihar, Bhubaneswar. The petitioners have further sought for issuance of writ of mandamus directing the Opp. Parties 1 to 5 to strictly follow the master plan prepared under the Orissa Development Authorities Act, 1982 (for short 'O.D.A. Act').2. It is the case of the petitioners that the above mentioned land was earmarked for construction of a Bus stop in 1974 master plan and the concerned authorities without adhering to the provisions of the statute governing the field and in violation thereof have permitted the Opp...
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ307
A. Pasayat, J. 1. Babula alias Ajit Pal (hereinafter referred to as 'detenu') has filed this application under Article, 226 of the Constitution of India, 1950 seeking issuance of a writ of habeas corpus, quashing order of detention dated 6-3-1994 passed by the District Magistrate, Cuttack, in exercise of powers conferred by Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'Act'). The order of detention was passed with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order and directing him to be interred in the Circle Jail, Choudwar, in pursuance of the said mittimus.2. Grounds necessitating detention as detailed in the grounds of detention are as follows. On 2-3-1994 at about 4.45 p.m. the detenu along with one of his associates entered into the City Hospital, Cuttack. He assaulted Sri Bipinbehari Mohapatra, Stenographer to the Chief District Medical Officer, Cuttack and snatched away his wris...
Tag this Judgment!Court : Orissa
HIGH COURT OF ORISSA : CUTTACK F.A.O. NO.86 OF 2013 (From the judgment dated 14.01.2011 passed by Shri P.K. Ray, Presiding Officer, State Education Tribunal, Orissa, Bhubaneswar in G.I.A. Case No.171 of 2008) -------------State of Orissa and another . Appellants Respondents -VersusSmt. Bishnupriya Routray and another For Appellants : Mr. S. Das, Addl. Govt. Advocate For Respondents : M/s. B. Routray, Sr. Advocate, Mr. P.K. Sahoo, Mr. S. Das, Mr. S.Jena, Mr. S.K. Samal, Mr. S.P. Nath, Mr. S. Rout. (For Respondent No.1) PRESENT : THE HONOURABLE DR. JUSTICE B.R. SARANGI ------------------------------------------------------------------------Date of hearing : 09.04.2014 :: Date of judgment : 22.04.2014 ------------------------------------------------------------------------Dr. B.R. Sarangi, J.Assailing the order dated 14.01.2011 passed by the Presiding Officer, State Education Tribunal in GIA Case No.171 of 2008, the State of Orissa has preferred this appeal under Section 24C of the Oriss...
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