Court : Orissa
Decided on : Feb-06-1997
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
Decided on : Mar-03-1997
Reported in : AIR1997Ori146; 83(1997)CLT743
S.N. Phukan, C.J. 1. By this co'mmon judgment and order, we dispose of both the writ petitions, namely, O.J.C. Nos. 8755 and 11607 of 1996, as the subject-matter in both is same, namely, allotment of 24 hours medical store in the campus of the Community Health Centre at Parjang in the district of Dhenkanal in favour of Smt. Ranjita Das, who is O.P. No. 6 and O.P. No, 4 in O.J.C. nOS. 8755 and 11607 of 1996 respectively. 2. Briefly stated, the facts are as follows : While Smt. Saraswati Parida, the petitioner in O.J.C. No. 8755/96, who was also an applicant for allotment of the aforesaid medical store, has challenged the allotment order made in favour of Smt. Ranjita Das; Smt. Rasmita Sahoo, the petitioner in the other case (O.J.C. No. 11607/96), though not an applicant for the said medical store, has challenged the allotment order, inter alia, on the ground that neither any advertisement was made by the Chief District Medical Officer, Dhenkanal, in two local dailies nor any notice was ...
Tag this Judgment!Court : Orissa
Decided on : Jun-30-1997
Reported in : 1997(II)OLR171
A. Pasayat, J. 1. Order passed by the Revenue Divisional Commissioner, Northern Division, Sambalpur (in short, 'RDC') in an appeal relating to cancellation of caste certificate issued to petitioner is subject-matter of challenge. The dispute has a long chequered career.2. Caste certificate issued in favour of the petitioner under Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980 (in short the 'Rules') was cancelled by the Collector, Bolangir (opposite party No. 2) by order dated 20.5.1991. Said order was challenged before the RDC in Appeal No. 4 of 19.91. By order dated 24.4.1992, order of the Collector was set aside primarily on the ground that principles of natural justice had not been followed. The matter was remanded to the Collector for a fresh adjudication. The Collector, Bolangir by order dated 14.5.1993 again reiterated the conclusions justifying cancellation of the certificate issued. The matter was again carried in appeal before the RDC in Appeal No. 1...
Tag this Judgment!Court : Orissa
Decided on : May-08-1997
Reported in : 84(1997)CLT517; 1997(II)OLR1
A. Pasayat, J. 1. These two writ applications are inter-linked and relate to selection of opposite party No. 4 in both the cases to open a 24 hours medical store at the Community Health Center, Jaleswar.2. Background facts leading to filing of the writ applications essentially are as follows: State Government of Orissa in the Health and Family Welfare Department took a decision to open a.24 hours medical store at the Community Health Center, Jaleswar. On the basis of decision taken, notice dated 31.3.1994 was issued by the Medical Officer of aforesaid Center inviting applications from intending persons. Criteria for selection were indicated. Sushanta Kumar Mohapatra, petitioner in OJC No. 3530 of 1995 makes a grievance that though he submitted an application on 5.4.1994, to the Under-Secretary to Government of Orissa, Health and Family Welfare Department (opposite party No. 2) through the Medical Officer of the Center concerned, his case was not properly considered and opp. party No. 4...
Tag this Judgment!