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P.S.: Birmaharjpur vs State Of Orissa
2025 Latest Caselaw 7292 Ori

Citation : 2025 Latest Caselaw 7292 Ori
Judgement Date : 21 April, 2025

Orissa High Court

P.S.: Birmaharjpur vs State Of Orissa on 21 April, 2025

               ORISSA HIGH COURT : CUTTACK

                    W.P.(C) No.7697 of 2025

              In the matter of an Application under
     Articles 226 and 227 of the Constitution of India, 1950

                             ***

1.    Om Shiva Shakti Women Self-Help Group
      Represented through
      Secretary
      Smt. Bharati Sahu
      Aged about 28 years
      Daughter of Harisankar Sahu
      At: Baladi, PO: Narayanpur
      PS: Tarbha, District: Subarnapur.

2.    Uma Maheswari Women Self-Help Group
      Represented through
      Secretary
      Smt. Arnnapurna Padhan
      Aged about 44 years
      Wife of Balgopal Padhan
      At: Achanda, P.O.: Kenjhariapali
      P.S.: Birmaharjpur
      District: Subarnapur.

3.    Baba Sidheswar Women Self-Help Group
      Represented through
      Secretary
      Smt. Sobhagini Badamali
      Aged about 54 years
      Wife of Aruna Badamali
      At/P.O.: Kadodar
W.P.(C) No.7697 of 2025                              Page 1 of 23
      P.S.: Birmaharjpur
     District: Subarnapur.                ...         Petitioners

                             -VERSUS-

1.   State of Orissa
     Represented through
     Secretary to Government
     Department of Food Supply &
     Consumer Welfare, Odisha
     Bhubaneswar.

2.   Collector-cum-District Magistrate,
     Subarnapur.

3.   Managing Director
     Odisha State Civil Supplies Corporation Ltd.
     C-2, Nayapalli
     Bhubaneswar - 751 012
     District: Khordha.

4.   Chief Civil Supplies Officer-cum-
     District Manager
     Odisha State Civil Supplies Corporation Ltd.
     Subarnapur.                   ...         Opposite parties

Counsel appeared for the parties:

For the petitioner        : M/s. Srinivas Mohanty,
                            Kabita Patra
                            Sujit Kumar Acharya and
                            Sushree Ranjan Mohanty,
                            Advocates

For the Opposite party    : Mr. Dayanidhi Lenka,
Nos.1, 2 and 4              Additional Government Advocate

For the Opposite party    : None
No.3
W.P.(C) No.7697 of 2025                             Page 2 of 23
 P R E S E N T:
                           HONOURABLE
                 MR. JUSTICE MURAHARI SRI RAMAN

Date of Hearing : 17.04.2025 :: Date of Order         : 21.04.2025


                              O RDER

     Aggrieved     by     non-consideration   of   the   petitioners,
     Women Self Help Groups ("WSHGs", for short), to
     participate in the Kharif Marketing Season for the period
     2024-25 with respect to paddy procurement qua Rabi
     Crops and non-inclusion of their names vide Order
     No.405, dated 12.03.2025 under Annexure-3 issued by
     the Chief Civil Supplies Officer-cum-District Manager,
     OSCSC,        Subarnapur-Opposite        Party      No.4,   the
     petitioners have approached this Court by way of the
     instant writ petition invoking provisions of Articles 226
     and 227 of the Constitution of India with the following
     prayer(s):

     "The petitioners, therefore, pray that your lordship would
     graciously be pleased to admit this writ petition, call for
     the records and after hearing the parties direct the Opp.
     Parties to allow the petitioners to participate in the
     procurement of Paddy (Rabi Crop) 2024-25.

     And pass any other and/or further order as deemed fit
     and proper under the circumstances of the case.

     And for this act of kindness, the petitioner, as in duty
     bound, shall forever pray."
W.P.(C) No.7697 of 2025                                   Page 3 of 23
 Facts:

2.   Facts leading to filing of this writ petition, as emanating
     from the pleadings, are narrated hereunder.

2.1. The District Social Welfare Officer ("DSWO") invited
     willingness by issue of "Expression of Interest" from
     WSHGs/Federations to become an Agent of the Odisha
     State Civil Supplies Corporation Limited (abbreviated as
     "OSCSC") in pursuance of the Guideline for Paddy
     Procurement vide Letter No.1977/Mission Sakti, dated
     16.09.2019,      responding    to   which   the   petitioners
     expressed their willingness.

2.2. In terms of Guidelines for selection and functioning of
     WSHGS/SHG Federation as Paddy Procurement Agent of
     OSCSC, the petitioners were required to have their own
     infrastructure with laptop, printer, weighing machine,
     inverter and internet connectivity for offline and online
     paddy procurement. Therefore, the petitioners stated to
     have availed loans for the management of their Office in
     order to establish infrastructure as required under said
     Guidelines.

2.3. Though the petitioners were selected on earlier crop
     season after verification of their credentials for Kharif
     Marketing Season (be called, "KMS"), notwithstanding
     their expression of interest for KMS, 2024-25, they have


W.P.(C) No.7697 of 2025                                Page 4 of 23
      not been entrusted with the procurement of paddy with
     respect to Rabi Crops.

2.4. The Office of the District Magistrate-cum-Collector,
     Subarnapur (Food Safety & Consumer Welfare Section)-
     Opposite Party No.2 issued Office Order No.405, dated
     12.03.2025 indicating training programme on the dates
     as per schedule for farmer registration for procurement
     of paddy (Rabi Crop) with respect to KMS, 2024-25.

2.5. Since the petitioners are ignored/eliminated for availing
     the   benefit    of   participation    in    the   said     training
     programme of farmer registration for procurement of
     paddy (Rabi Crop), the present writ petition has been
     filed invoking provisions of Article 226/227 of the
     Constitution of India.

Hearing:

3.   As the matter is stated to be urgent as the Marketing
     Season for Rabi Crop is going to expire soon, and the
     response of the opposite parties have already on record,
     on the concession of counsel for both sides, the writ
     petition is taken up for final disposal.

3.1. Heard Sri Srinivas Mohanty, Ms. Kabita Patra, Sri Sujit
     Kumar Acharya, learned Advocates for the petitioners
     and     Sri     Dayanidhi     Lenka,        learned   Additional



W.P.(C) No.7697 of 2025                                        Page 5 of 23
      Government Advocate for the opposite party Nos.1, 2
     and 4.

3.2. On conclusion of hearing, the matter stood reserved for
     preparation and pronouncement of Judgment/Order.

Rival contentions and submissions:

4.     This Court on appreciation of aforesaid facts submitted
       by Sri Srinivas Mohanty, learned counsel appearing for
       the petitioners, vide order dated 18.03.2025 passed the
       following order:

       "5. List this matter on 25.04.2025. Counter affidavit, if
           any, be filed on or before the said date.

       6.   As an interim measure, it is directed that without
            prejudice the petitioners may be allowed to
            participate in the training programme in their
            respective areas, as per the schedule contained in
            the Office order dated 12.03.2025 (Annexuer-3).
            However, it is made clear that the petitioners shall
            not claim any equity after being allowed to
            participate in the training programme. The
            participation in such training programme shall be
            subject to result of the writ petition.

       7.   Free copy of this order be handed over to Mr.
            Dayanidhi Lenka, learned Additional Government
            Advocate during the course of the day for onward
            communication to the opposite parties concerned."

4.1. Responding to the said order, counter affidavit has come
     to be filed on behalf of opposite party Nos.1, 2 & 4.

W.P.(C) No.7697 of 2025                               Page 6 of 23
 5.   Sri Srinivas Mohanty, learned counsel appearing for the
     petitioners submitted that though this Court vide Order
     dated 10.03.2025 in batch of matters, being W.P.(C)
     No.29405 of 2024 (Maa Ashuragadian Women Self Help
     Group, Subarnapur Vrs. State of Odisha and others), &c.
     issued certain direction(s) to the opposite parties,
     flouting the same the case of the petitioners were not
     considered; rather the conduct and action of the
     opposite parties would tantamount to overreaching the
     order of this Court.

5.1. Sri Srinivas Mohanty, learned Advocate vehemently
     contended that in the earlier round of litigation before
     this    Court    it   transpired    that   without     granting
     opportunity of hearing no adverse action could be taken
     against the petitioners, who were found eligible on
     earlier occasions for procurement of paddy. Without
     involving the petitioners, the opposite parties should not
     have    issue   Office   Order     dated   12.03.2025     fixing
     schedule dates for training programme for farmer
     registration.

5.2. Therefore, he urged that in view of order passed in the
     batch matters referred to above, the petitioners are
     eligible and entitled to participate in the procurement of
     paddy (Rabi Crop) for KMS, 2024-25.




W.P.(C) No.7697 of 2025                                   Page 7 of 23
 6.   Objecting to such contention and refuting submission
     made by the learned counsel for the petitioners, Sri
     Dayanidhi      Lenka,     learned   Additional   Government
     Advocate appearing for the opposite party Nos.1, 2 and 4
     advanced argument that having regard to the aforesaid
     Order dated 10.03.2025 passed in the batch of matters
     training programme has been scheduled for farmer
     registration for procurement of Paddy (Rabi Crop) with
     respect to KMS 2024-25. The apprehension of the
     petitioners is without comprehension.

6.1. He submitted that the detailed explanation has been
     proffered in the counter affidavit and the opposite
     parties in the earlier round of litigation have conceded to
     the position that the process of paddy procurement was
     limited to KMS 2024-25, which takes within its sweep
     both the Kharif as well as the Rabi Crops.

6.2. The Office Order dated 12.03.2025 relates to KMS,
     2024-25 with respect to Rabi Crops. Therefore, nothing
     stated in the earlier round of litigation has been
     transgressed     or     deviated.   The   petitioners,   under
     misconceived notion, have filed the present writ petition.
     Therefore, the petition is liable to be dismissed being
     premature.

Discussions and analysis:



W.P.(C) No.7697 of 2025                                  Page 8 of 23
 7.   The present writ petition relates to farmer registration
     and procurement of paddy for KMS, 2024-25 (Rabi
     Crop).

8.   The Odisha Rice and Paddy Procurement (Levy) and
     Restriction on Sale and Movement Order, 2013 defines
     the term "Procuring Agency" in Clause 2(h) to mean "the
     Food Corporation of India established under the Food
     Corporation Act, 1964, Odisha State Civil Supplies
     Corporation Ltd. established under the Companies Act,
     1956,    National     Agricultural   Cooperative    Marketing
     Federation      (NAFED),       Odisha   State      Cooperative
     Marketing       Federation      (MARKFED)       and     Tribal
     Development Cooperative Corporation of Odisha Ltd.
     (TDCC)     or   any    other    Corporation,    Company      or
     Cooperative Society appointed by the State Government
     to purchase stocks of rice or paddy from a miller or a
     producer directly or otherwise for cash and includes its
     officers and sub-agents appointed by such Procuring
     Agency".

8.1. Under the Odisha Public Distribution System (Control)
     Order, 2016, it has been laid down as follows:

     "4.   Appointment of Dealers and Grant of License.--

     (1)   Dealers shall be appointed by licensing authorities
           by following such procedure and in such manner as
           may have been or may be prescribed by the State
           Government.
W.P.(C) No.7697 of 2025                                  Page 9 of 23
      (2)   No Dealer shall be granted a license under this
           Order unless he has been appointed as such by the
           Licensing Authority under sub-clause (1).

     (3)   Preference for appointment and for grant of license
           as dealer shall be given to Gram Panchayats or
           Urban Local Body, as the case may be, followed by
           Women Self Help Groups, Cooperative Societies, and
           other Self Help Groups in that order:

           Provided that the State Government may alter or
           modify the order of preference by an order in writing.

     (4)   In case more than one Women Self Help Group or
           Self Help Group make application for one vacancy of
           dealership, the Women Self Help Group or Self Help
           Group having higher grade and proven track record
           shall be selected for appointment and for granting of
           license as dealer.

     (5)   The license of persons other than those belonging to
           the categories mentioned in Sub-clause (3) shall not
           be renewed if applications from the categories
           mentioned in Sub-clause (3) shall not be renewed if
           applications from the categories mentioned in Sub-
           clause (3) are available for being appointed as
           dealers.

     (6)   The authority competent to appoint and to grant or
           renew license under this Order shall make efforts to
           replace private dealers with Institutional dealers like
           Gram Panchayats or Municipalities, as the case may
           be, Women Self Help Groups, Cooperative Societies,
           and Self Help Groups, within a period of four years
           from the date of publication this Order in the Official
           Gazette.

W.P.(C) No.7697 of 2025                               Page 10 of 23
      (7)   The officers specified in column (2) of the table given
           below shall exercise the powers and perform duties
           of Licensing Authority in respect of State Level
           Transport Contractor, Level I and II Handling and
           Transport Contractors for sugar zonal depot or
           Retailer or Wholesaler of kerosene, as the case may
           be, within their jurisdiction as specified in column (3)
           thereof."

8.2. In exercise of powers conferred by proviso to sub-clause
     (3) of Clause 4 of the Odisha Public Distribution System
     (Control) Order, 2016, the Food Supplies & Consumer
     Welfare Department has promulgated the following
     order:

        "FOOD SUPPLIES & CONSUMER WELFARE DEPARTMENT
                                  ORDER

The 21st September, 2019

No.14362-FSCW-FS1-MISC-0003/2017/FS&CW

In exercise of the powers conferred by the proviso to sub- clause (3) of clause 4 of the Odisha Public Distribution System (Control) Order, 2016, the State Government do hereby modify the order of preference for appointment and for grant of license to dealers as follows:

Preference for appointment and for grant of license as dealer shall be given to Women Self Help Groups followed by Gram Panchayats or Urban Local Bodies as the case may, Cooperative Societies, and other Self Help Groups in that order.

It shall come into force on the date of its publication in the Odisha Gazette.

By Order of the Governor

Sd/-VIR VIKRAM YADAV

Commissioner-cum-Secretary to Government"

8.3. As per the Guidelines issued by the Government in Food Supplies and Consumer Welfare Department vide Letter No.13820, dated 12.09.2019, it is stipulated that any Gram Panchayat if not represented by the PACS/LAMPCS, for procurement of paddy in that Gram Panchayat on behalf of the OSCSC, the WSHGs/SHG Federations can be appointed. However, regarding participation of the WSHGs/SHG Federation in such paddy procurement operation during KMS 2024-25, a Revised Guideline vide Letter No.20047, dated 12.07.2024 was issued by the Food Supplies and Consumer Welfare Department, in pursuance of which a decision has been taken to allocate work of procurement to the procuring agencies as per their performance during KMS, 2024-25.

8.4. It was impressed upon the Sub-Collector-cum-Chairman, Sub-Divisional Level Paddy Procurement Committee, Sonepur/Birmaharajpur vide Letter No.482/SW, dated 26.07.2024 of the Collector, Subarnapur that forty numbers of Women Self-Help Groups were selected by the District Level Committee for paddy procurement operation from KMS, 2020-21 to 2023-24, on the basis of the recommendation of Sub-Divisional Level

Committee. Nonetheless, as per instruction in Letter No.10047/FS&CW, dated 12.07.2024, evaluation of performance of the WSHGs, who were involved in previous KMS, 2023-24 was undertaken, as a result of which the Sub-Divisional Level Selection Committee recommended to debar/eliminate poor performers and facilitate participation of new SHGs by following Guidelines for selection and functioning for paddy procurement as communicated in FS&CW Department Letter No.13820, dated 12.09.2019.

8.5. The Guidelines in FS&CW Department Letter No.13820, dated 12.09.2019 inter alia specified that where any Gram Panchayat is not represented by PACS/LAMPCS, appointment to procure paddy in that Gram Panchayat on behalf of the OSCSC may be made to WSHG/SHG Federations. The selection procedure in the said Guidelines has been spelt out in the following manner:

"2. Selection of WSHG/SHG Federation.--

(a) WSHG/SHG Federations nominated for participation in paddy procurement should be of impeccable past record both in terms of activity and financial management.

(b) SHGs fulfilling the following parameters may be considered for selection as agents of OSCSC Ltd. for paddy procurement:

i. WSHG/ SHG federation must have completed 2 years of existence.

ii. WSHG/ SHG federation should belong to the same GP where: paddy procurement operations are being proposed. Preference may be given to WSHG/ SHG federation from GP headquarter. village or nearby villages within 1 to 2 KMs radius, as they have to attend the market yards on dally basis & purchase/ delivery of paddy may go for late hours.

iii. The WSHG/ SHG federation must have an active bank account with regular monthly saving by WSG/ SHG federation members.

iv. The WSHG/ SHG federation must have availed bank credit and should be regular with the repayment schedule. Due care shall be taken to access their financial position to procure paddy.

v. The WSHG/ SHG federation should have regular and systematic book keeping relating to Meeting register and updated Pass Book.

(c) The WSHG/ SHG federation shall procure paddy at PPC or RMC market yards. The RMC yard must have necessary electricity connection. The WSHG/ SHG federation shall have IT Infrastructure (one laptop/ desktop, a printer and an inverter), Internet connectivity and shall deploy a Data Entry Operator from among the WSHG member/members of SHG federation. It shall avail a Digital Signature Certificate out of its own expense for transacting

business. In the digital mode under P-PAS (Paddy Procurement Automation System).

(d) Advertisement of Expression of Interest for paddy procurement through WSHG/ SHG federation shall be notified at the Office of the DSWO & at concerned Office of the CDPOs & shall be displayed at concerned AWCs for at least 15 days. The format for Expression of Interest by WSHG/ SHG federations is enclosed herewith as Annexure-I. This shall also be shared with the Block Level Federation.

(e) The Sub-Division Level Committee comprising Sub-

Collector, DSWO, ARCS, ACSO, concerned CDPOs, concerned BDOS/Tahsildars, Inspector of Supplies of the concerned blocks and Mission Shakti officials will examine the received Expression of Interest of WSHG/ SHG federations (format enclosed as Annexure-II) and recommend the suitable WSHG/ SHG federations.

(f) The District Level Committee comprising PD, DRDA, Sub-Collector, DSWO, CSO, DRCS, LDM and District Mission Shakti Officials, will examine the recommendation of the Sub-Divisional committee and recommend for appointment.

(g) Collector may appoint WSHG/SHG Federation recommended by the District Level Committee under paddy procurement for a specified area. The District Collector shall have discretion to review the recommendation and may take appropriate decision in selecting suitable WSHGs/ SHG Federations."

8.6. Accordingly, evaluation of performance of all the WSHGs/SHG Federation and Pani Panchayat involved in

paddy procurement operation in respective District of the State of Odisha was undertaken. Accordingly, in Subarnapur District also evaluation of performance of WSHGs/SHG Federation was undertaken and the Agency whose performance was evaluated as "poor", it was decided not to select and entrust it with the work.

8.7. Since before debarring them from participating in the procurement of paddy programme, no opportunity was given to the Agencies, who were selected and executed procurement work in the past, the petitioners have approached this Court by way of filing writ petitions. In the case of one of the WSHGs, namely, Maa Maheswari WSHG, Subarnapur, which approached this Court by way of writ petition, being W.P.(C) No.29524 of 2024, following Order was passed on 24.12.2024:

"2. Heard Mr. S.S. Das, learned Senior Counsel for the petitioner so also Mr. P. Acharya, learned Advocate General for the State being assisted by Mr. Lenka, learned AGA and other Counsels in the similar matters on board.

3. Learned Senior Counsel for the petitioner files Additional Affidavit after handing over a copy of the same to the learned Counsel for the State in the Court. The same be kept on record.

4. Since there are batch of Writ Petitions and the State is yet to file the Counter Affidavit in most of the Writ Petitions, today being the last working day before

the ensuing Winter Holidays, the hearing of the present Writ Petition so also connected Writ Petitions on board, cannot be concluded in course of the day. However, since the paddy procurement process cannot be stalled for an indefinite period, which may hamper the interest of farmers so also other beneficiaries and the said process is to be done in the time bound manner, this Court is of the view that the interim order passed earlier in the present case so also in the similar connected matters on board, need modification/clarification. As allegations have been made by the petitioners-WSHG that such action of eliminating them from the process of paddy procurement is politically motivated with an intention of accommodating the new WSHGs and there is also a counter allegation made by the State regarding poor performance of the petitioner-WSHGs, as an interim measure, it is clarified/directed that the State Authority shall procure paddy from the farmers for Kharif 2024-25 through PACS only so far as the concerned Paddy Procurement Centres (PPC), which are the subject matter of the pending Writ Petitions.

5. Accordingly, the interim order passed in the present Writ Petition so also connected matters on board are modified to the effect, as detailed above.

6. Since most of the connected cases, the State is yet to file Counter, the same be filed before the next date of listing.

7. Learned State Counsel is directed to communicate the digitally signed copy of this order available in

the website of this Court to the concerned authority urgently for its implementation.

8. The matter be listed in the week commencing from 27th January, 2025 along with the connected matters, on board.

9. Urgent certified copy of this order be granted on proper application as per rules."

8.8. In compliance of the aforesaid Order dated 24.12.2024, the procurement of paddy was entrusted to PACS with respect to Subarnapur District.

8.9. Later, said batch of matters, i.e., W.P.(C) No.29405 of 2024, &c. including that of the present petitioners in this writ petition, i.e., OM Shiva Shakti WSHG, Subarnapur [in W.P.(C) No.29582 of 2024], Uma Maheswari WSHG, Subarnapur [in W.P.(C) No.29720 of 2024] and Baba Sidheswar WSHG, Subarnapur [in W.P.(C) No.29724 of 2024] were disposed of vide Order dated 10.03.2025, wherein this Court observed as follows:

"5. Perused the record and considered the material enclosed to different writ petitions. Since the Opposite Parties by way of affidavit, as relied on by the learned Additional Government Advocate, asserted that the steps taken to debar the SHG/WSHG is related to operation of paddy procurement for KMS No.2024-25 only, this Court is of the considered view that the Opposite Parties shall act pragmatically without being influenced by

the decisions taken to debar the SHG/WSHG for KMS 2024-25. In the interest of justice it may deserve to be noted that in view of affidavit, for the future procurement, such debarment may not be hurdle for consideration of such SHG/WSHG to take part as it could not be placed on record by the opposite parties that the adverse material, if any, against the petitioner was confronted to it.

6. Needless to observe that the evaluation for performance for KMS 2024-25 shall not cause any prejudice to none of the parties in the present batch of the writ petitions.

7. In the event, in future Paddy Procurement, if any deficiency is found while evaluation of performance of the SHG/WSHG, the same is required to be put to the notice calling for explanation. Only after affording reasonable opportunity to the affected party concerned, the Opposite Parties may act upon such material."

8.10. It is alleged that said Order has been passed on conceded position by the opposite parties that the evaluation for performance with respect to KMS 2024-25 shall cause prejudice to none of the parties in the said batch of the writ petitions, and the elimination of the petitioners from participation in the procurement for KMS, 2024-25 does directly lead to disobeying orders of this Court.

8.11. Per contra the learned Additional Government Advocate, clarified that there is no violation of said order inasmuch

as this Court on the basis of assurance given by the opposite parties disposed of batch of matter by observing that "in future Paddy Procurement, if any deficiency is found while evaluation of performance of the SHG/WSHG, the same is required to be put to the notice calling for explanation". Expanding the argument the learned Additional Government Advocate strenuously submitted that the present context is well within KMS, 2024-25, but not "future paddy procurement".

8.12. As per Annexure-C/4 enclosed to counter affidavit, i.e., the Operational Guidelines of KMS, 2024-25 at Paragraph 4, it has been indicated as follows:

"4. Paddy Procurement Period.--

4.1. The current KMS, 2024-25 spans from 1st October 2024 to 30th September 2025.

4.2. The paddy procurement for the current KMS will be done as per the following timelines.


      Season of KMS 2024-25            Procurement Period

                                       From               To

     Kharif                     01.11.2024         31.03.2025
     Rabi                       01.05.2025         30.06.2025

8.13. The time line stipulated for procurement of paddy for KMS, 2024-25 with respect to Rabi Crop is 01.05.2025 to 30.06.2025. Scrutiny of the Operational Guidelines

makes it abundantly clear that Kharif Marketing Season, 2024-25 ("KMS, 2024-25") includes the Kharif Crops as well as the Rabi Crops.

8.14. In terms of Order dated 10.03.2025 in batch of matters it is in the future paddy procurement, without affording opportunity to the petitioners by pointing out the deficiencies while evaluating performance of WSHGs/SHG, elimination may not be permissible. The opposite parties may act upon such material, if any, after due confrontation. However, such a stipulation is not applicable for the purpose of procurement of paddy in respect of KMS, 2024-25 which includes the "Rabi Crop".

8.15. At this juncture, this Court takes note of following assertion of the opposite parties in the counter affidavit filed in the instant case:

"***

10. That pursuant to the said observation, the District Administration is taking steps to provide reasonable opportunity to the WSHGs/SHG Federation who have been debarred for their poor performance for KMS 2024-25 and thereafter steps would be taken to consider their cases for further KMS procurement.

***

12. That in view of the aforesaid facts and circumstances, this deponent humbly submits that the authority has not violated the Order dated 10.03.2025 passed by this Hon'ble Court in batch of cases in any manner what-so-ever and the WSHGs/SHG Federation including PACS who were involved in paddy procurement during Khariff 2024-25 have been allowed to participate in paddy procurement for Rabi Season. No new WSHGs/SHG Federation has been allowed to participate in KMS 2024-25 for Rabi Season."

9. As is apparent from the aforesaid position that no new WSHGs/SHG Federation has been allowed to participate in KMS, 2024-25 for paddy procurement of Rabi Crop, which is part of KMS 2024-25, this Court finds no scope to interfere with the process adopted by the Department concerned. Therefore, at this stage when the programme for procurement of paddy for KMS, 2024-25 (Rabi Crops) is currently in progress which is likely to end in June, 2025, it is preposterous to assume on the part of the petitioners that their WSHG would be debarred or eliminated by way of evaluation in case occasion arises in respect of paddy procurement in future Kharif Marketing Season.

Conclusion:

10. In the wake of the aforesaid discussion, this Court is not inclined to accede to the prayer(s) of the petitioners and,

accordingly, the writ petition stands dismissed being devoid of merit, but in the circumstances, there shall be no order as to costs.

11. As a result of disposal of the writ petition, all pending interlocutory applications, if any, shall stand disposed of.

(MURAHARI SRI RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-Charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-Apr-2025 14:50:36

High Court of Orissa, Cuttack The 21st April, 2025//Aswini/Laxmikant

 
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