Court : Orissa
Decided on : Sep-23-1998
Reported in : 1999(I)OLR549
Pradipta Ray, J.1. Plot No. P/13 having an area of 5400 sqr.ft. (hereinafter referred to as the 'disputed plot') is situated in an area ear-marked as residential area in Rourkela. In 1990 Smt. Sushila Devi Rungta, the writ petitioner in O.J.C. No. 13,952 of 1 996 purchased the disputed plot from the original lessee with necessary permission and submitted a plan seeking permission for construction of a four storied residential building. In the said plan the petitioner proposed to construct over a plinth area of 2271 sqr. ft. with front set-back of 22'-8'. rear set-back of 9'-10', Eastern side set-back of 5'-10' and Western side set-back of 13'-3'. Rourkela Regional Improvement Trust found that the proposed plan was defective inasmuch as it did not provide for the required rear set-back of 15' and side set-back of 10'. On June 4, 1991 Smt. Rungta modified the earlier plan and submitted the same for approval/licence. After holding necessary site-verification Licence No. 204/RRIT dated Oct...
Tag this Judgment!Court : Orissa
Decided on : Feb-12-1998
Reported in : [1998(79)FLR172]; (1999)ILLJ138Ori
Susanta Chatterji, J.1. Bidyadhar Mohapatra and 15 others are the employees of Store Section, Ispat General Hospital, Rourkela Steel Plant, Rourkela. They have jointly filed the present writ petition for issuance of a writ of mandamus to set aside the settlement dated August 7, 1996 between the Management of Rourkela Steel Plant and its Workmen employed in Medical Department represented by Rourkela Shramik Sangh (Recognised Union).2. It is contended that the settlement dated August 7, 1996 is contrary to law resulting in prejudice to the interest of the petitioners without affording reasonable opportunity to them. In fact, petitioners 1 to 7 have been promoted to the post of Head Storekeepers, petitioners 8 and 9 have been promoted to the post of Senior Storekeepers and petitioners 10 to 16 are continuing as Assistant Storekeepers.3. It is further stated that right from their entry to the service the post in Store Section of Ispat General Hospital is being treated to be separate cadre....
Tag this Judgment!Court : Orissa
Decided on : Mar-18-1998
Reported in : 85(1998)CLT560; (1999)158CTR(Ori)298; [1999]235ITR574(Orissa)
Susanta Chatterji, J.1. Indian Metals and Ferro Alloys Ltd., a company registered under the Indian Companies Act, having its registered office at Bomikhal, Bhubaneswar, now in the district of Khurda, Orissa, has filed the present writ petition praying inter alia :'Under the aforesaid facts and circumstances the petitioner prays this court to be pleased to : (a) issue a writ in the nature of certiorari or any other appropriate writ and/or direction against opposite parties and to certify and send up to this court all papers and documents in connection with the passing of annexure-1 so that they can be examined and if so considered be quashed ;(b) issue a writ in the nature of mandamus or any other appropriate writ or direction quashing annexure-1 and para. 7 of the guidelines in annexure-3 ;(c) issue a writ in the nature of mandamus against opposite party No. 1, Central Government, directing them to issue a declaration forthwith or within such time, as the petitioner has satisfied all t...
Tag this Judgment!Court : Orissa
Decided on : Sep-23-1998
Reported in : 1998(II)OLR610
R.K. Patra, J.1. In the aforesaid three applications under Articles 226 and 227 of the Constitution of India, the petitioners seek quashing of the order dated 17.10.1988 of the Revenue Officer passed in Ceiling Case No. 1 of 1988 at Annexure-3 (partly modified by the appellate order dated 26.2.1991 at Annexure-2 and the revisional order dated 5.10.1991 at (Annexure-1) determining ceiling surplus land at the hands of Puni Bewa (petitioner No. 1 in OJC No. 8993 of 1992).As the facts and the law involved in all the cases are one and the same, they were heard together and are disposed of by this common judgment.2. Suo motu ceiling case No. 1 of 1988 was initiated against Puni Bewa (petitioner No. 1 in OJC No. 8993 of 1992) on the allegation that she was in possession of Ac. 24.30 decimals of land which was in excess of the ceiling prescribed under law. The Revenue Officer, Bhadrak accordingly issued draft statement to her showing a surplus land of 9.89 standard acres at her hands and she w...
Tag this Judgment!Court : Orissa
Decided on : Feb-17-1998
Reported in : 85(1998)CLT681; [1999]97CompCas182(Orissa)
Susanta Chatterji, J. 1. A registered stock broker, as the petitioner is, challenges the order of suspension passed by opposite party No. 1, Bhubaneswar Stock Exchange Association Ltd., and the proceedings initiated by the said stock exchange for its expulsion.2. Precisely, the petitioner has prayed for the following reliefs :'. . . to issue a rule nisi in the nature of a writ of mandamus and/or writ of certiorari and/or any other appropriate writ/writs, order/orders, calling upon the opposite parties to show cause as to why articles 158, 159 and 167 of the articles of association of opposite party No. 1 stock exchange association and bye-laws 315, 347 and 348 framed by the said opposite party No. 1 should not be declared ultra vires the Act 15 of 1992 and as to why the orders of suspension and expulsion (annexures 1/1 and 1/3) and the auction of the membership of the petitioner in favour of opposite party No. 4 should not he quashed ; and(ii) if the opposite parties fail to show cause...
Tag this Judgment!Court : Orissa
Decided on : Dec-23-1998
Reported in : 1999(I)OLR292
A. Pasayat, J.1. These writ applications along with large number of others have been filed questioning legality of the process of selection of candidates for prosecuting Post-Graduate Studies in the Government colleges of the State. As grounds of challenge and rebuttal are essentially common, they are disposed of by this judgment which shall govern each one of them.2. For selection of candidates for Post-Graduate Courses in the Government Medical Colleges of Orissa, Prospectus was issued for 1998. Similar Prospectus simultaneously was issued for 1999. Examinations were held for both the years and petitioner in each case appeared at the examinations, but was not selected.3. In Chandan Mishra and Ors. v. Governor, M.B.B.S./ B.D.S. Selection Board and Ors. : 77 (1994) CLT 624, one of us (Pasayat, J.) had referred to Shakespeare's classic expression in Othello 'Chaos is come again'. The observation was made in the context of admission to M.B.B.S./B.D.S. Courses. Year after year large numbe...
Tag this Judgment!Court : Orissa
Decided on : Jul-23-1998
Reported in : 86(1998)CLT570; 1998CriLJ4716
S.N. Phukan, C.J.1. The petitioner is a lady belonging to the scheduled caste community. She was residing with her husband, three sons and two daughters. She comes from a poor family. Her eldest son Umakanta Behera was the only earning member of her family. He started hotel business near Kacheri compound, Boudh, in the year 1968. He prospered and in 1974 his earning was about Rs. 150/- per bay. All the members of the family were dependent on him. It has been alleged that police falsely implicated him and other two, persons in two criminal cases, one under Sections 457/380/34, I.P.C. and the other under Section 379/34, I.P.C. The cases were registered in the Court of the Sub-Divisional Judicial Magistrate, Boudh, being G.R. Case Nos. 190/70 and 67/71. Umakanta was released on bail by the S.D.J.M., Boudh on 26-4-1974 in both the cases. But, he was again taken to jail custody on 5-6-1974 as an under trial prisoner in G.R. Case No. 190/70. It has been alleged that he was harassed and tortu...
Tag this Judgment!Court : Orissa
Decided on : May-15-1998
Reported in : AIR1998Ori213
Pasayat, J.1. As the three writ applications involve identical disputes, they are taken up together. Petitioner in each case questions settlement of contracts in respect of computerisation of land records of several districts of the State. Petitioner Dillip Kumar Patnaik, petitioner in O.J.C. No. 11482 of 1997 makes grievance in respect of Ganjam district whereas Ashok Agarwalla, petitioner in O.J.C. No. 17194 of 1997 makes grievance in respect of districts of Cuttack, Jajpur, Jagatsghpur, Kendrapara, Puri, Khurda, Nayagarh, Dhenkanal, Angul and Boudh. Petitioner M/s Computer Action Pvt. Ltd. in O.J.C. No. 3949 of 1998 makes grievance in respect of districts of Ganjam, Gajapati. Dhenkanal and Angul.2. Common background facts as presented by the petitioners are as follows:The Director of Land Records and Survey, Orissa, Cuttack wrote to various concerns intimating them about the computerisation of land records for various districts. For this purpose it was proposed to entrust the Data E...
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