Orissa High Court
Khagendra Patra vs State Of Odisha & Anr. ....... Opposite ... on 13 October, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P.(C) No.6414 of 2024
(In the matter of an application under
Articles 226 & 227 of the Constitution of India)
Khagendra Patra ....... Petitioner
-Versus-
State of Odisha & anr. ....... Opposite Parties
Advocate for the parties
For Petitioner : Mr. P.C. Jena,
Advocate
For Opp. Parties : Mrs. U. Padhi,
ASC
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 13.10.2025
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S.K. Mishra, J.
1. Heard learned Counsel for the Parties.
2. This writ petition has been preferred by the
Petitioner with following prayers:-
PRAYER
"It is, therefore, prayed that this Hon'ble
Court may graciously be pleased to admit
this writ application, issue Rule Nisi in
calling upon the Opposite Parties to file
show cause as to why a direction shall not
be issued to provide 35 Kg. of rice instead
of 5 Kg. under Antardoya Anna Yojana
Scheme in favour of the petitioner with
immediate effect;
And if the Opposite Parties are fail to show
cause or show their insufficient cause let
this Hon'ble Court make the said rule
absolute and upon hearing the parties
direction may kindly be issued to the
opposite parties to provide 35 Kg. of
rice instead of 5 Kg. to the petitioner
under Antardoya Anna Yojana Scheme
with immediate effect for the greater
interest of justice."
(Emphasis supplied)
3. The State of Odisha, so also Union of India,
being subsequently impleaded as Opposite Party
No.6, have filed their respective Counter Affidavits
admitting the claim of the Petitioner. Paragraph Nos.
6 to 9 of the Counter Affidavit filed by the State so
also Paragraph No.8 of the Counter Affidavit filed by
the Union of India, being relevant, are reproduced
below:-
Extract from the Counter Affidavit
filed by State:
"6. That, in reply to the averments
made in Para-5 of The writ petition, it is
humbly submitted that, during the
inception of NFSA 2013 in the year of
December 2015, there was immediate
scope for the petitioner to change his
scheme from PHH to AAY by merely
tendering a simple written application
W.P.(C) No.6414 of 2024 Page 2 of 11
to the Block administration. Instead, the
petitioner waited till January 2024 to
file a complaint on this. However, it is to
humbly submit that, the petitioner's
family shall be included under AAY
scheme soon after the online site opens.
7. That, in reply to the averments made
in Para-6 of the writ petition, it is
humbly submitted that, the averments
made by the petitioner that no action
has been taken on his application dated
10.01.2024, though more than
significant period has been elapsed
since filing of his grievance, it is to once
again reiterated that, the online site
was closed since 8 months before date
of filing of grievance by the petitioner so
also movement from PHH scheme to
AAY scheme was ceased at that time.
The same status of the site is also
continuing till now. Meanwhile, the
petitioner was intimated about this
deadlock verbally when he approached
the Block administration in person after
10.01.2024.
8. That, in reply to the
averments made in Para-6 of the
writ petition, it is humbly
submitted that, being an AAY
Ration cardholder prior to
inception of NFSA 2013. However,
the petitioner's family shall be
included under the AAY scheme
once the online site resumes subject
to filing of petition before the
competent authority.
9. That, the Antodaya Anna Yojna
(AAY) as a Central Government
scheme under National Food
Security Act (NFSA) is being
operated by Govt. of India, the
State Govt. has no role to play in
indicating old and new
W.P.(C) No.6414 of 2024 Page 3 of 11
beneficiaries. Therefore, the Govt.
of India being an essential party in
present proceedings and no order
could be passed without its
presence and the present writ
petition should be dismissed on the
ground of non-rejoinder of parties."
(Emphasis Supplied)
Extract from the Counter Affidavit
filed by Union of India:
"8. That the Hon'ble High Court vide
order dated 13.12.2024 directed the
counsel for the Union of India for taking
instruction as to when the website for
online inclusion of the name of the
beneficiaries under the AAY Scheme
shall be operative. As per Section 10 of
the National Food Security Act, 2013,
the responsibility of identification of
eligible households including AAY
category, within the ceiling and
guidelines specified by the Central
Government, rests with the concerned
State Government. The responsibility
for the updation of the list of
eligible households, including AAY
households, also rests with the
concerned State Government. No
portal/website for identification
and inclusion of households under
the AAY category is maintained by
the Central Government."
(Emphasis Supplied)
4. During hearing of the present writ petition, this
Court has passed various orders from time to time.
Para Nos. 3 to 5 of order dated 25.06.2025, Para
W.P.(C) No.6414 of 2024 Page 4 of 11
Nos.3 & 4 of order dated 23.07.2025, Para Nos.2 & 3
of order dated 31.07.2025 and Para Nos.4 & 5 of
order dated 22.08.2025, being relevant, are
reproduced below:-
ORDER
25.06.2025
"3. Learned Counsel for the
Opposite Party No.6-Union of India
files extract from the Control Order
published in the Gazette of India
dated 20th March, 2015. Drawing
attention of this Court to Clause 3(5)
of the Targeted Public Distribution
System (Control) Order, 2015,
learned Senior Panel Counsel
submits, though vide order dated
13.12.2024 direction was given to
the Opposite Party No.6-Union of
India to take instruction as to when
the website for online inclusion of
the name of the beneficiaries under
the AAY Scheme shall be operated
and file an affidavit to the said
effect, as per the instruction
received, in terms of Clause 3(5) of
the Control Order, 2015, the State
Government shall prepare and
notify the guidelines for
identification of priority households
in the rural and urban areas, with
special focus on coverage of all
vulnerable or needy sections of the
society, and display the guidelines
in the public domain, including on
the State web portal.
4. Drawing attention of this
Court to para-8 of the Counter
Affidavit filed by the State-
Opposite Party Nos.4 & 5,
learned Counsel for the
Opposite Party No.6 further
submits, the State-Opposite
Parties have admitted in the
Counter that the Petitioner's
family shall be included under
the AAY scheme once the online
site resumes, subject to filing of
petition by the Petitioner before
the competent authority.
5. In view of such submission
made by the learned Counsel for
the Union of India so also
averments made in para-8 of the
Counter Affidavit filed by the State,
learned Counsel for the State prays
for a short adjournment to take
instruction to apprise this Court as
to whether any guidelines in the
said regard is available in the
public domain, including on the
State web portal and produce the
said guidelines before this Court
with an affidavit so also take
instruction as to whether online site
has resumed for inclusion of the
beneficiary under the AAY scheme."
ORDER
23.07.2025
"3. The matter be listed on 31st
July, 2025. The B.D.O., Baliapal
(Opposite Party No.5), who is the
deponent of the Counter Affidavit
filed by the Opposite Party Nos.4 &
5 in this case, shall remain present
before this Court in person on 31
July, 2025, at 10.30 A.M., to
redress the grievance of the
Petitioner, which have been
admitted by him in paragraph
Nos.6 to 9 of the Counter Affidavit
so also provide instruction in terms
of Order 25.06.2025.
4. It is made clear that,
pendency of the writ petition
shall not be a bar for the
authority concerned to deal
with the grievance of the
Petitioner and provide him the
benefits under the Antodaya
Anna Yojana (AAY) Scheme, as
admitted in the Counter
Affidavit filed by the Opposite
Party Nos.4 & 5 so also in view
of the stand taken by the Union
of India in its Counter
Affidavit."
ORDER
31.07.2025
"2. Pursuant to order dated
23.07.2025, Mr. Radha Ranjan
Das, the BDO, Baliapal (O.P. No.5)
is present in person before this
Court and submits, he is not the
deponent of the Counter Affidavit
filed by Opposite Party Nos.4 & 5 in
this case. His predecessor has filed
the Counter Affidavit. He has
recently joined as BDO, Baliapal.
However, he undertakes to provide
necessary instruction to the learned
State Counsel, as observed vide
orders dated 25.06.2025 and
23.07.2025. Hence, the personal
appearance of the BDO, Baliapal is
dispensed with for the time being.
3. Mr. Sahoo, learned AGA
prays for two weeks' time to
have a detailed discussion with
Mr. Radha Ranjan Das, the
present BDO, Baliapal and file
necessary affidavit to redress
the grievance of the Petitioner
in terms of orders dated
25.06.2025 and 23.07.2025."
ORDER
22.08.2025
"4. From the said affidavit, it is
ascertained that the Chief Civil
Supplies Officer, Balasore, vide
letter No.4133 dated
13.08.2025 wrote to the
Principal Secretary to Govt.
Food Supplies & Consumer
Welfare Department, Odisha,
Bhubaneswar with a request to
open the online portal of
Baliapal Block to move AAY
ration card from PHH enabling
the Petitioner namely,
Khagendra Patra to get the
benefit.
5. In view of the admission made
by the State-Opposite Parties
regarding entitlement of the
Petitioner under AAY Scheme, the
learned Counsel for the State is
directed to take instruction from the
Principal Secretary to Govt., Food
Supplies & Consumer Welfare
Department, Odisha, Bhubaneswar
(Opposite Party No-1) as to what
action has been taken by him
pursuant to such communication
dated 06.08.2025 and by what
time the online portal would be
made open to redress the grievance
of the Petitioner pursuant to order
dated 25.06.2025 and file an
affidavit to the said effect before the
next date of listing, after serving
copy of the same on the learned
Counsel for the Petitioner."
(Emphasis supplied)
5. Pursuant to order dated 22.08.2025, instruction
being received from the Joint Secretary to
Government, Government of Odisha, Food Supplies
and Consumer Welfare Department, learned State
Counsel files photocopy of the said letter dated
11.09.2025 in the Court, which is taken on record.
Paragraph Nos.1 to 6 of the said written instruction,
being relevant, are reproduced below:-
"1. The online portal for issuance of
ration cards to eligible applicants is
open throughout the State. All 314
Blocks & 64 ULBs including all
Blocks and ULBs in Balasore
district have recently been allotted
with 15 lakh additional individual
targets for inclusion of eligible
beneficiaries under the State Food
Security Scheme.
2. Under National Food Security
Act, Government of India have
allotted Odisha a beneficiaries
upper ceiling of 3,26,21,000
individuals based on 2011 Census
Population, to be covered under the
food security ambit mandated by
the Act, which is inclusive of
individuals covered under Priority
Households (PHH) and Antyodaya
Anna Yojana (AAY) Households.
3. District can accommodate any
eligible applicant family applied
under NFSA in AAY category if the
concerned Block/ULB has
individual vacancy available within
the overall individual NFSA ceiling
(PHH+AAY individuals) fixed for the
concerned Block/ULB.
4. But, before digitization of such
family as AAY, the Block/ULB
Authority shall ensure deletion of
the existing PHH status of the
family from the NFSA beneficiaries
database and ask the concerned
family to apply again afresh under
NFSA as has been advised by the
Department of Food & Public
Distribution, Government of India
while running Subsidy Mapper for
flagging discrepant cards.
5. If the family is eligible to be
covered under AAY as per the
earlier circulated AAY Guidelines,
the Block/ULB Authority can move
the application to the Final Priority
List of NFSA as AAY category,
within the available NFSA vacancy.
6. If no vacancy is available in
NFSA, the family can apply for
coverage under the State Food
Security Scheme and can be
accommodated, if found eligible
after field verification, under
existing vacancy."
6. Since claim of the Petitioner is admitted by the
State Authority, in view of the aforesaid instruction
received from the Commissioner-Cum-Secretary,
Consumer Welfare Department (O.P. No.1), so also
letter of the Chief Civil Supplies Officer, Balasore
dated 13.08.2025, addressed to the Principal
Secretary to Govt., Food Supplies & Consumer
Welfare Department, Odisha, Bhubaneswar, the
Petitioner is permitted to act in terms of the said
instruction received from the Joint Secretary to
Government of Odisha, Food Supplies and Consumer
Welfare Department, if not acted in the meantime.
7. It is submitted at the Bar that the Civil Supply
Officer, Balasore (O.P.No.4) is the authority to look
into the grievance of the Petitioner regarding
inclusion of his name as a beneficiary under the
Antardoya Anna Yojana Scheme (AAYS). Hence, the
Opposite Party Nos.4 and 1 are directed to do the
needful for inclusion of the name of the Petitioner
under the AAYS at the earliest, preferably within a
period of four weeks from the date of communication
of the certified copy this order.
8. Accordingly, the writ petition stands allowed
and disposed of. No order as to costs.
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Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 15-Oct-2025 18:28:11
Orissa High Court, Cuttack
The 13th October, 2025/Banita
