Court : Orissa
Decided on : Dec-23-1983
Reported in : 57(1984)CLT188; 1984(I)OLR168
R.C. Patnaik, J.1. In these writ applications, the petitioners have challenged the vires of certain provisions of the Orissa Estates Abolition Act, 1951, as amended by the Amending Acts of 1974, 1978 and 1979. They have also challenged the vires of the notifications under section 3A of the Act and sought a declaration that the said, notification is illegal and has no application as regards them. A prayer has also been made for a direction for incorporation of a provision akin to Article 290A of the Constitution of India guaranteeing payment of annuity and for other reliefs.2. The Orissa Estates Abolition Act, 1951 (Orissa Act 1 of 1952) coming in the wake of the constitution, made provision as the preamble indicates for abolition of rights, title and interests in land of intermediaries by whatever name known including the mortgagees and lessees of such interests between the raiyats and the state of Orissa and for vesting in the State of the said rights, title and interest. The enactmen...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-1983
Reported in : 1984(I)OLR289
R.C. Patnaik, J.1. The petitioners in these writ applications seek quashing of the decision of the Government in the Finance Department (Annexure-3) revising and lowering the scales of pay fixed by the Orissa Revised Scales of Pay (for non Gazetted Officers) Rules, 1974 (for short,the Rules') for the posts of Head Traversers, Traversers Grade- I and Traversers Grade II, in exercise of power vested under rule 13 of the Rules.2. The petitioners were working as Traversers in defferent grades in the Survey and Map 'Publication Organisation of the State Government. Prior to 1. 1, 1974, the scales of pay of the posts were as follows :-Head Traversets-Rs. 155-2507-Traversers Gr. I -Rs. 125-220/-Traversers Gr. II-Rs. 115-180/-The State Government constituted the Fourth Pay Committee to undertake comprehensive revision of the existing structure of the pay scales of the various catagories of the State Government employees and the Dear ness Allowance admissible to them, and to make recommendation...
Tag this Judgment!Court : Orissa
Decided on : Oct-29-1983
Reported in : AIR1984Ori77; 57(1984)CLT1; 1984(I)OLR72
P.K. Mohanti, J.1. This appeal is directed against a decree declaring the plaintiffs' occupancy right to the suit lands and confirming their possession over came. The question of law that arises for consideration is whether a bhagchasi is a tenant under the Orissa Tenancy Act, 1913:In the first instance, the appeal came up before a Division Bench to which one of us (P.K. Mohanti, J.) was a party. The Division Bench felt it desirable to place the appeal before a larger Bench in view of the conflict between the judgments of two different Division Benches of this Court regarding the status of a bhagchasi. That is how the entire appeal has been placed before us for disposal.2. The suit lands measuring 5.70 acres as described in Schedule B of the plaint appertained to Anabadi Khata No. 192 under Tauzi No. 2390 in mauza San Bhubanpur. Defendant No. 1 Maheswar Dobai, Krushna Chandra Dobai, the father of defendants 2 and 3 and Mayadhar Dobai, the father of defendants 4 to 6 were the co-sharer ...
Tag this Judgment!Court : Orissa
Decided on : Sep-30-1983
Reported in : AIR1984Ori145
R.C. Patnaik, J. 1. This is a plaintiff's second appeal from an action for recovery of possession. The decree granted to him by the trial court has been reversed by the lower appellate court. 2. One Gobinda Panda had three sons, namely. Bhima. Madhaba alias Pada and Shyamsundar. After Gobinda's death, the three brothers separated and partitioned their property. Madhaba and Shyam sold their shares to Bhima who thus became the absolute owner of 1.80 acres. For legal necessity, Bhima sold the entire 1.80 acres to the plaintiff by registered sale deed dated 4-8-1905 and delivered possession of the property sold. The plaintiff sold 1.15 acres to Balabhadra Kar and Krupasindhu Dash and retained Ac. 0.65 with him which is the subject matter of the suit. It may be stated here that Bhima us the Karta of the joint family consisting of his brother, himself and members of the family had earlier executed a simple mortgage in favour of Biswanath, defendant No. 1. On 25-11-1968, defendant No. 1 filed...
Tag this Judgment!Court : Orissa
Decided on : Sep-22-1983
Reported in : AIR1984Ori121; 1984(I)OLR248
G.B. Patnaik, J.1. These two writ petitions filed by some doctors already in Government service seeking admission to the R. H. S. Course for the current year raise common questions of fact and law and as such are being disposed of by this common judgment.2. In O. J. C No. 1569 of 1983, there are five petitioners out of which the case of petitioner No. 5 stands on a slightly different footing and, therefore, bis case will be considered separately. In O. J. C. No. 1679 of 1983, there are eleven petitioners. All these petitioners in both the writ petitions were appointed as Assistant Surgeons in the State Medical and Health Services Cadre on ad hoc basis for a period of six months with effect from the date of their joining or till the recommendations of the Orissa Public Service Commission for appointment as regular Assistant Surgeons are received or until further orders whichever is earlier. The appointment orders of the petitioners have been annexed to the writ petitions as Annexures 2 ...
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