Orissa High Court
Maa Santoshi Women'S S.H.G vs State Of Odisha & Others ... Opposite ... on 11 November, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) Nos.19637 and 16211 of 2025
(Applications under Articles 226 and 227 of the Constitution of India)
A.F.R.
In W.P.(C) No.19637/2025
Maa Santoshi Women's S.H.G.,Puri
... Petitioner
-versus-
State of Odisha & others ... Opposite Parties
Advocates appeared in the case through hybrid mode:
For Petitioner : Mr.K.P.Mishra,
Sr. Advocate,
Mr. A. Mishra, Advocate
-versus-
For Opposite Party Nos.1 to 5
: Mr. S.S.Routray, A.S.C
For Opposite Party No.6 : Mr. S.K.Dalai,
Advocate
W.P.(C) Nos.19637 & 16211 of 2025 Page 1 of 18
In W.P.(C) No.16211/2025
Maa Chandi Women's S.H.G.,Puri
... Petitioner
-versus-
State of Odisha & others ... Opposite Parties
Advocates appeared in the case through hybrid mode:
For Petitioner : Mr.S.K.Dalai, Advocate,
Mr. A. Mishra, Advocate
-versus-
For Opposite Party Nos.1 to 6
: Mr. S.S.Routray, A.S.C
For Opposite Party No.7:
: Mr. K.P.Mishra, Sr.Advocate
Mr. A. Mishra, Advocate
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CORAM:
JUSTICE SASHIKANTA MISHRA
JUDGMENT
11.11.2025.
Sashikanta Mishra,J. Common facts and questions of law are
involved in both these Writ Petitions for which both
were heard together and are being disposed of by this
common judgment.
Facts
2. Both the Petitioners are Women's Self Help Groups
(WSHGs) functioning in the district of Puri. By order
dated 06.6.2012 of the District Social Welfare Officer
(DSWO), Puri both WSHGs along with another WSHG
were selected to prepare wheat-based Ready To Eat
(RTE) food (Chhatua) as per Government Guidelines to
be provided to the eligible beneficiaries as Take Home
Ration (THR) for a period of three months in respect of
Kanas Block. While Maa Chandi WSHG (Petitioner in
W.P.(C) No.16211/2025) was entrusted with the work
in 21 Gram Panchayats, Maa Santoshi WSHG
(Petitioner in W.P.(C) No.19637/2025) was engaged in
respect of 7 Gram Panchayats under Kanas Block.
Since then, both WSHGs have been functioning
satisfactorily as per Government parameters. On
19.10.2010, the DSWO, Puri disengaged Maa Santoshi
WSHG purportedly basing on the enquiry report of
District Level Squad under the Chairmanship of
A.D.M., Puri and the A.W.Cs. in which Maa Santoshi
WSHG was involved, were tagged with Maa Chandi
WSHG to avoid interruption in THR distribution. Being
aggrieved, Maa Santoshi WSHG approached this Court
in W.P.(C) No.29969/2020. By order dated 06.1.2023,
this Court quashed the order of disengagement and
directed the DSWO to conduct an inquiry by granting
opportunity of hearing to the WSHG. In terms of such
order, a District Level Committee was formed under
the Chairmanship of Collector. The committee visited
the premises and conducted inquiry and thereafter
submitted report on 27.6.2023 absolving Maa Santoshi
WSHG from all defects detected by the District Legal
Squad on 6.10.2010. The committee further
recommended that the WSHG be given a chance under
close watch on preparation and delivery of THR.
Basing on the report, the Collector vide letter
dtd.26.10.2023 requested the Director ICDS and S.W.,
Orissa to allow the re-engagement of Maa Santoshi
WSHG for preparation of THR in Kanas ICDS Project.
Since no action was taken, the Petitioner again
approached this Court in W.P.(C) No.10976/2024. By
order dated 14.5.2024, a coordinate Bench of this
Court directed the Director to act in terms of the Joint
Inquiry Report and the communication made by the
Collector within a stipulated period, if there is no legal
impediment. By order dtd.04.12.2024, the Director
taking note of the fact that alternative arrangement
had been made by entering into contract with Maa
Chandi WSHG, the case of Maa Santoshi WSHG may
be considered once such contract period is over. By
order dated 06.6.2025, the DSWO re-engaged Maa
Santoshi WSHG for the work in respect of 7 numbers
of Gram Panchayats of Kanas Block and such fact was
also intimated to Maa Chandi WSHG by the CDPO,
Kanas vide letter dated 10.6.2025. However, vide letter
dtd.9.7.2025, the DSWO directed the CDPO not to
allow Maa Santoshi WSHG as a stay order had been
passed on 6.6.2025 by this Court in W.P.(C)
No.16211/2025, filed by Maa Chandi WSHG.
Rival Contentions
3. It is contended on behalf of Maa Santoshi WSHG
that Maa Chandi WSHG has no locus standi to
challenge the re-engagement order passed in its
favour, which was in compliance of the direction of this
Court in W.P.(C) No.29969/2020 and W.P.(C)
No.10976/2024. Maa Chandi WSHG never challenged
the orders passed by this Court in the aforementioned
Writ Petition. That apart, out of 28 Gram Panchayats,
Maa Santoshi WSHG was allotted with 7 Gram
Panchayats which were diverted to Maa Chandi WSHG
because of its disengagement. Therefore, Maa Chandi
WSHG can never claim any prejudice because the
original fact situation as existing on 19.10.2020 has
only been directed to be restored.
4. On the other hand, it is submitted on behalf of
Maa Chandi WSHG that the order of the DSWO issued
on 06.6.2025 in re-engaging Maa Santoshi WSHG with
retrospective effect, 5 years after its disengagement is
in gross violation of the principles of natural justice
and the relevant guidelines. Whatever may have been
the reason, Maa Chandi WSHG having fulfilled the
required eligibility criteria has been engaged for
preparation and supply of THR since 2012 for the
entire Kanas Block by entering into the contract which
was renewed from time to time. As regards the
diversion of 7 Gram Panchayats to it after
disengagement of Maa Santoshi WSHG, the same was
done also by executing the contract. The contract is
presently valid till 31.12.2025 and therefore, as per the
order passed by the Director, Maa Santoshi WSHG
could not have been re-engaged. Furthermore, Maa
Santoshi WSHG does not possess a valid food license
which makes it ineligible for re-engagement.
5. On the above facts, Maa Santoshi WSHG has
filed the Writ Petition seeking the following relief;
"It is therefore, prayed that this Hon'ble Court may
graciously be pleased to admit this Writ petition, issue
notice to the Opp. Parties and after hearing be pleased
to;
(i) Quash the order dtd.9.7.2025 under Annexure-10
passed by the District Social Welfare Officer, Puri
and all other consequential orders pursuant to
same;
(ii) Direct the Opp. Party No.2 to restore the re-
engagement of the petitioner pursuant to order
dt.6.6.2025 under Anneuxre-8;
And pass such other Order(s), Direction(s) Writ(s)
as deem fit and proper in the facts and
circumstances of the case."
Maa Chandi WSHG has filed the Writ Petition
seeking the following relief;
"It is therefore, most respectfully prayed that this
Hon'ble Court may graciously be pleased to:
(i) Quash and set aside the impugned order
dated 6.6.2025 (Annexure-1) issued by the Collector,
Puri giving re-engagement to Opp.Party No.7 in
respect of the Take-Home Ration (THR) supply under
SNP @ MSPY for Kanas Block;
(ii) Declare that the Petitioner is entitled to
continue the preparation and supply of THR under
the valid subsisting contract up to 30.6.2025 and
any further decision affecting such right must be
made only after proper notice, hearing and
evaluation in accordance with law;
(iii) Issue a writ of mandamus or any other
appropriate writ/direction commanding opposite
party authorities to restrain from interfering with the
ongoing THR supply operations of the petitioner till
expiry of the current contract period;
(iv) Pass such other orders(s)/directions(s) as may
be deemed fit and proper in the interest of justice
and equity."
6. Heard Mr. K.P.Mishra, learned Senior counsel
with Mr. A. Mishra for Maa Santoshi WSHG, Mr.
S.K.Dalai, learned counsel for Maa Chandi WSHG and
Mr. S.S.Routray, learned Addl. Standing Counsel for
the State.
7. Learned Senior counsel Mr. Mishra, would argue
that his client has been fighting litigation
unnecessarily for the last five years because of inaction
of the authorities. He submits that that WSHG was
disengaged without following the principle of natural
justice for which this Court set aside the same and
directed the authorities to conduct a fresh inquiry.
Such inquiry was conducted by a team of five Senior
Officers of the District. The Inquiry Team found that
the WSHG had sorted out all the defects pointed out in
the earlier report. Therefore, the Collector rightly
recommended re-engagement. Since no action was
taken the Petitioner having approached this Court,
direction was again issued to the Director to act in
terms of the report and the recommendation of the
Collector. Though the Director passed a conditional
order to re-engage the Petitioner after expiry of the
contract period with Maa Chandi WSHG, the Petitioner
is yet to be re-engaged. Mr. Mishra further submits
that Maa Chandi WSHG having been allotted with as
many as 21 Gram Panchayats cannot claim prejudice
in any manner as the Petitioner has been directed to
be engaged in only 7 Gram Panchayats.
8. Mr. Dalai, on the other hand, submits that Maa
Santoshi WSHG was disengaged because certain
fundamental defects were noticed in its functioning by
the District Level Squad. The order passed by this
Court in W.P.(C) No.10976/2024 was a conditional
order inasmuch as it was clearly stated that the
Director shall act upon recommendation of the
Collector, if there is no other legal impediment. Since
the contract with Maa Chandi WSHG is subsisting, the
same cannot be stopped all on a sudden to re-engage
Maa Santoshi WSHG. Mr. Dalai further submits that
even otherwise, Maa Santoshi WSHG is not eligible
since it does not possess a valid and up-to-date food
license which was the major defect pointed out by the
Inquiry Team earlier.
Analysis and findings
9. From the sequence of facts narrated before, the
following factual position emerges:
(i) Both the WSHGs were selected and engaged for
preparation and distribution of THR for different Gram
Panchayats in Kanas Block since 2012.
(ii) Both WSHGs continued to be engaged by
executing contracts which were renewed from time to
time.
(iii) On 19.10.2020, Maa Santoshi WSHG was
disengaged basing on the report of District Level Squad
and the Gram Panchayats dealt with by it were allotted
to Maa Chandi WSHG.
(iv) The said order of disengagement was set aside
by this Court being found to be contrary to the
principle of natural justice.
(v) In the joint inquiry conducted pursuant to the
order of this Court, Maa Santoshi WSHG was found to
have sorted out/rectified all defects/shortfalls detected
earlier for which the Inquiry Team recommended its re-
engagement by observing all the formalities and
Government guidelines.
(vi) The Collector, instead of acting upon the report
of the joint inquiry team thought it fit to request
permission from the Director for re-engagement. This
is where the problem appears to have begun inasmuch
as it is not known as to why permission of the Director
was required.
(vii) Be that as it may, the matter having come before
this Court again, the Director was directed to act in
terms of the inquiry report as also the communication
of the Collector, 'if there is no other legal impediment'.
No such legal impediment has been demonstrated by
the Opp.Parties including Maa Chandi WSHG. The only
legal impediment projected is the subsisting contract
with Maa Chandi WSHG which, as already stated, was
in respect of 7 Gram Panchayats allotted to it
consequent upon disengagement of Maa Santoshi
WSHG. Therefore, the Director held that the case of
Maa Santoshi WSHG would be considered once the
contract period with Maa Chandi WSHG is over. It is
stated at the bar that the contract has since been
extended upto 31.12.2025.
10. At this stage, two things are considered by this
Court. Firstly, whether Maa Chandi WSHG has any
vested right for being engaged in the work relating to
the 7 Gram Panchayats in question and secondly,
whether the claim that Maa Santoshi WSHG is
ineligible for re-engagement has any legal or factual
basis.
11. As to the first question, from the facts narrated,
it is evident that originally by order dtd.06.6.2012,
Maa Santoshi WSHG was allotted 7 Gram Panchayats
while Maa Chandi WSHG, 21 Gram Panchayats out of
28 Gram Panchayats of Kanas Block. The work in
respect of 7 Gram Panchayats allotted to Maa Santoshi
WSHG was diverted to Maa Chandi WSHG by order
dtd.19.10.2020 only because Maa Santoshi WSHG was
disengaged, reason being, to ensure non-interruption
of THR distribution work. So, it was not a positive
award of contract to Maa Chandi WSHG in respect of 7
Gram Panchayats, but a sort of interim/adhoc
arrangement to meet the exigency arising in the
interregnum. Since the reason for disengagement of
Maa Santoshi WSHG no longer existed as found by the
Joint Inquiry Team, this Court directed the Director to
act upon the inquiry report and the recommendation
made by the Collector. The expression 'if there is no
legal impediment' cannot be stretched so far as to deny
the fruits of the order passed in favour of Maa Santoshi
WSHG particularly, in the absence of anything being
placed before this Court to justify the inaction.
12. The expression 'if there is no other legal
impediment' in the order dtd.14.5.2024 passed in
W.P.(C) No.10976/2024 has been interpreted with
reference to the order of stay dtd.13.6.2025 passed in
W.P.(C) No.16211/2025. So, as between 14.5.2024 and
13.6.2025 there was no order of stay. Such being the
case, the DSWO rightly issued the order dtd.06.6.2025
allotting Maa Santoshi WSHG with the work in
question in respect of 7 Gram Panchayats. But such
order, for reasons unknown, was not acted upon till it
was stayed on 13.6.2025. The whole issue appears to
have been dealt with in a lackadaisical manner by the
concerned authorities on which, this Court does not
wish to pass any comment.
However, fact remaining that the allotment of
the 7 Gram Panchayats, notwithstanding its interim
character was also by way of a contract. Further, such
contract subsists till the end of December, 2025. To
such extent therefore, the order of the Director that the
case of Maa Santoshi WSHG would be considered after
expiry of the contract with Maa Chandi WSHG cannot
be faulted with. The right, if any, of Maa Chandi WSHG
to continue in the work can only be limited to the
period of the contract and not beyond that under any
circumstances. This Court holds accordingly.
13. As regards the so-called ineligibility of Maa
Santoshi WSHG for want of food license, this Court
can only observe that as rightly observed by the Joint
Inquiry Team in its report, the engagement (or re-
engagement) of Maa Santoshi WSHG can only be in
terms of the Government guidelines and formalities. It
is not disputed that possessing a food license is a sine
qua non for being awarded with the work in question. It
is nevertheless claimed that by Maa Santoshi WSHG
that it does have a food license valid till 2026.
Conclusion
14. Thus, from a conspectus of the analysis of facts,
contentions and the discussion made, this Court holds
that Maa Santoshi WSHG should be re-engaged in the
work by following all formalities and subject to
requirements as per the revised guidelines of the
Government but only after expiry of the subsisting
contract with Maa Chandi WSHG on 31.12.2025.
15. The Writ Petitions are disposed of accordingly.
All the interim orders passed earlier stand
automatically vacated.
..................................
Sashikanta Mishra
Judge
Ashok Kumar Behera
Location: High Court of Orissa, Cuttack
Date: 11-Nov-2025 18:19:22
