Court : Orissa
Reported in : AIR1953Ori185
Jagannadha Das, C.J.1. These are applications under Article 226 of the Constitution lor the issue of mandatory writs against the State of Orissa restraining them from issuing any notifications or taking any other steps under the Orissa Estates Abolition Act, 1 of 1952, in so far as the estates to which these applications relate. These eight applications concern eight per-manently settled estates of the ex-Madras area, which since 1-4-1936, became part of the then newly formed State of Orissa. All the applications involve substantially the same questions and are therefore dealt with together. 2. The trend of economic and political thought of the nation has insisted upon the abolition of Zamindari tenure and the elimination of intermediaries between the State and the cultivator as the first step in any general measure of agrarian reform. It has been considered that concentration of large blocks of land in the hands of a limited number of Zamindars denying fair distribution thereof to the...
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori258
Das, J.1. This is an application under Article 226 of the Constitution of India challenging the validity of the appointment of Tahsildar, Banapur, and his competency to exercise the functions of Banapur Grama Panchayat.2. The facts are that Banapur Grama Pan-chayat functioned till the middle of the year 1954, when a fresh election was held in July under the provisions of the Orissa Grama Panchayat Act (Orissa Act XV of 1948) hereinafter referred to as 'the Act'. The newly elected body was to take charge on and from September 1, 1954. There having been certain grave irregularities in the conduct of the election, a petition under Article 226 of the Constitution was filed in this Court which was numbered as O. J. C. No. 86 of 1954.That application succeeded in this Court and the election was set aside. No further election was, however, held; but the District Magistrate, Purl, purporting to act under Section 98 (f) of the Act read with Rule 248 of the Orissa Grama Panchayat Rules, appointe...
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori164
Narasimham, C.J. 1. The petitioner joined as a Lower Division Assistant in the Office of the Orissa Hindu Religious Endowments Commissioner on 8-5-47. He was confirmed in that post on 4-6-1949 and was also promoted as an Upper Division Assistant in the scale of pay of Rs. 60-70 per month. 2. On 1-12-50 he was appointed as a Head Assistant in the said office in the scale of pay of Rs. 100-8-140 E. B. 10-180 per month. One Gunanidhi Khandait Roy, who was senior to the petitioner in the said office, and two other persons were then serving as Senior Inspectors of Endowment in the scale of 100-8-140 E. B. 10-18o/- per month. As the scales of pay of both the Inspector and Head Assistant were the same they did not feel aggrieved by the appointment of the petitioner as Head Assistant. After the passing of the Orissa Hindu Religious Endowments Act, 1951 (which was brought into force in 1955) and the statutory recognition of all the members of the staff of the Endowments Office as regular Govern...
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori176; 34(1968)CLT594
Barman, C.J.1. The point involved in this writ petition is whether Chapter III (Section 19-28 State Pharmacy Councils), Chapter IV (Sections 29-4D Registration of Pharmacists) and Chapter V (Sections 41-46 Miscellaneous) of the Pharmacy Act. 1948 (Central Act VIII of 1948) as the Act stood before its amendment by the Pharmacy (Amendment) Act, 1959 (Central Act 24 of 1959) could come into force after the expiry of the time-limit of three years without prior notification by the State Government in the Official Gazette as required by Section 1(3) of the Act.2. The petitioner a registered pharmacist of Orissa at present serving as a Dental Technician School Health Services. Sadar Circle Berhampur Ganjam is the President Elect of the Orissa State Pharmacy Council having been so elected on April 12, 1966 by the member of the said Council under Secttion 23 of the Act, the other contestant being opposite party No. 2 Dr. G. S. Mohapatra. Director of Health Services, Orissa the former President ...
Tag this Judgment!Court : Orissa
Reported in : AIR1972Ori10
A. Misra, J. 1. Plaintiffs are the appellants against a confirming judgment. 2. The suit was filed by the plaintiffs representing the Mekap Nijog and Khuntia Niiog of Lord Jagannath for a declaration of their right to collect Bheta and Pindika offered to the deity in Thalis, Parakhas and Jharis near the Bhitar Khata. Bahar Khata and Ratna Singhasan of the temple and for a permanent injunction restraining the Administrator of the Jagannath temple or his agent from interfering with their rights of collection in the afore-prescribed receptacles. According to them, they are Sebaks of the deity and the collection of offering made by the pilgrims in Thalis, Parakhas and Jharis is a religious function performed by them which has been recognised in the record-of-rights prepared by the Special Officer under Sri Jagannath Temple Act of 1954 (hereinafter to be referred to as the Act). It is alleged that the Administrator of the Jagannath temple issued an order on 23-11-1962 to the effect that the...
Tag this Judgment!Court : Orissa
Reported in : 43(1977)CLT648; [1977]40STC225(Orissa)
R.N. Misra, J.1. Both these applications are by a common petitioner, the Western Coal Fields Limited which is a Government company owned by the Central Government with its registered office in the State of Maharashtra. Under Central Ordinance 1 of 1973, the management of all the coal mines in the country were taken over by the Government of India pending a scheme of nationalisation of such mines and with effect from 30th January, 1973, the management of all the coal mines vested in the Central Government. Subsequently, the Coal Mines (Taking Over of Management) Act (15 of 1973) was duly enacted and from 1st May, 1973, the mines were nationalised. The period between 30th January, 1973, till 30th April, 1973, was described as the management period and during this intervening gap, the Government of India managed the collieries on behalf of the owners. Under the Coal Mines (Nationalisation) Act (26 of 1973) the coal mines specified in the schedule thereto stood vested absolutely in the Cen...
Tag this Judgment!Court : Orissa
Reported in : (1992)ILLJ397Ori
K.P. Mohapatra, J.1. In these writ petitions a large number of employees of various categories serving under opposite party Nos. 1 and 2 and their service associations have challenged the decision of opposite party No. 1 for retrenchment of staff considered to be excess, as well as the orders of retrenchment. As common questions of fact and law are involved and arise for consideration, with the consent of the counsel for the parties they were heard together and are disposed of by this judgment.2. Facts common in all the writ petitions are that the petitioners are employees of the Orissa State Road Transport Corporation (opposite party No. 1) (for short 'the Corporation') serving in various categories and were mostly appointed for efficiency of public transport in the State after the modified Banner Scheme was introduced in the year 1983. According to this scheme which was operated in six districts of the State, namely, Cuttack, Balasore, Mayurbhanj, Ganjam, Puri and Phulbani, the owner...
Tag this Judgment!Court : Orissa
Reported in : 70(1990)CLT92; (1991)ILLJ125Ori
L. Rath, J.1. The petitioner has approached this Court assailing his reversion to the office of opposite party No. 1 as an L.D. Assistant while he was holding the post of the Administrative Officer of the Orissa Chhou Dance Training Centre at Baripada and instead giving of appointment to one Kasinath Batik in his place. The petitioner has claimed the reliefs of his appointment to the post of the Administrative Officer and to treat him as continuing in the post with all other benefits that go with it.2. The facts briefly stated are that the Orissa Sangeet Natak Academy which is a Government sponsored organisation and is not disputed to be an instrumentality and agency of the State has a Chhou Dance Training Centre at Baripada. The post of the Administrative Officer of the Centre having fallen vacant, an advertisement was issued on 5th May 1979 inviting applications to fill up the post. In the advertisement the qualifications prescribed were (a) General educational qualification up to In...
Tag this Judgment!Court : Orissa
Reported in : [1992]195ITR539(Orissa)
A. Pasayat, J.1. The non-recommendation of a statutory body, specified authority under Section 72A of the Income-tax Act, 1961 (in short the 'Act'), and the Central Government's decision based on it, refusing certain benefits flowing from the aforesaid statutory provision, are challenged in this writ application. A minor challenge to the vires of a particular provision in the guidelines dated February 23, 1981, issued by the Central Government on the ground of unreasonableness has been made. We shall advert to the statutory provisions which have a relevance, but a brief resume of the factual position is necessary to be given.2. There was a limited company named Kalinga Tubes Limited which was engaged in the manufacture of steel tubes, pipes and poles which was not financially sound and viable, and its total accumulated loss as on December 31, 1978 was more than Rs. 6 crores. The petitioner's business activities, inter alia, included manufacture of ferro alloys. With the object of reviv...
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori93; 75(1993)CLT48
A.K. Padhi, J.1. Praying for issuance of writ of mandamus directing the opposite parties not to interfere in the administration and management of the educational institution, namely, Technical High School, Sura da, the petitioner has approached this Court.2. In the writ application it has been asserted that the Technical High School, Surada, situated in the district of Ganjam was established in the year 1954 by the Roman Diocesan Corporation, Cuttack, which is a minority community based on religion, for imparting education. The authorities had from time to time recognised the said school to have been established by the minority community. The institution in question is a recognised one and has received full grant-in-aid from Government up to 1986. Since the institution in question was established by a minority community based on religion with due approval of the authorities, it is clothed with protection of Article 30 of the Constitution.3. The grievance of the petitioner is twofold-(a...
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