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Orissa High Court
M/S. Jai Maa Tarini vs State Of Odisha And Others ... ... Opp. ... on 5 February, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 3981 of 2026
M/s. Jai Maa Tarini ... ... Petitioner
Food Products, Bolangir
-Versus-
State of Odisha and others ... ... Opp. Parties
Advocates appeared in this case:
For Petitioner : Mr. K.K. Patel, Advocate
For Opp. Party: Mr. D.N. Lenka, Addl. Government Advocate
(For O.P. Nos.1,3, 4 and 5)
CORAM:
THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
JUDGMENT
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Date of hearing and judgment : 5th February, 2026
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MRUGANKA SEKHAR SAHOO, J.
1. The matter though in the list could not reach, the
learned counsel for the petitioner mentioned the matter and
it is taken up.
The matter is listed for fresh admission, on
consent of the learned counsel for the parties the matter is
finally heard and disposed of. In view of the judgment and
order that is to be passed notice to the other opposite
parties is not issued. In considered view of this Court the
judgment and order shall not prejudice the opposite parties
no.2 and 6.
2. The petitioner is a Custom Miller of Rice. He has
approached this Court apprehending invocation of bank
guarantee that was furnished before the opposite party
no.4-CSO, Balangir. The bank guarantee is furnished
through Bank of India, Patnagarh (O.P. No.6). It is
submitted by the learned counsel for the petitioner that the
squad of officials constituted by the Opposite Party No.4,
Civil Supplies Officer, Balangir have visited for physical
verification of the premises of the rice milling unit for which
the petitioner apprehends coercive action.
3. Upon advance copy served, the learned Additional
Government Advocate appears and waives notice on behalf
of the opposite parties no.1, 3, 4 and 5. It is submitted by
the learned Additional Government Advocate that there
would be no threat regarding invocation of bank guarantee
as suggested in the writ application.
4. The learned Additional Government Advocate refers to
Annexure-3 to the writ application i.e. office letter dated
31.12.2025 issued by the Department of Food Supplies and
Consumer Welfare, Odisha to all Collectors.
In the above letter issued Govt. of Odisha the following has
been directed:-
"xxx that the Department of Food and Public
Distribution (DFPD) has extended the period for
milling of paddy and delivery of Custom Milled Rice
(CMR) into the Central Pool up to 30.04.2026 for
Kharif and Rabi crops of KMS 2024-25.
It may further be ensured that the delivery of
CMR for KMS 2024-25 does not overlap with the
CMR delivery of KMS 2025-26. However, mills may
be allowed to deliver CMR for KMS 2025-26 into the
Central Pool after they have completed 100% of CMR
delivery for KMS 2024-25. The delivery of CMR shall
be made strictly as per the approved cost sheet and
FAQ specifications prescribed for KMS 2024-25. xxx"
5. Learned counsel for the petitioner as well as learned
Additional Government Advocate converge on the aspect
that the letter by Government dated 31.12.2025 has been
issued to all Collectors along with the CSOs throughout the
State, Managing Director, OSCSC Ltd., Bhubaneswar.
6. Perusal of said letter issued by the Government
indicates that period of milling of paddy and delivery of
custom milled rice (CMR) for the kharif main season 2024-
25 has been extended to 30.04.2026. Pursuant to the said
letter the petitioner has also filed representation dated
30.01.2026 before the opposite party no.3-Collector which
seems to be in the nature of abundant caution.
7. This Court also takes notice of the letter of the
Government of India, Ministry of Consumer Affairs, Food
and Public Distribution dated 31.12.2025, part of
Annexure-3. The relevant direction/ guidelines are
reproduced herein:
"xxx refer to the State Govt. of Odisha's letters
No.20619-PT2 & 21885/FSCW-PL-PRC-0009-2017
dated 06.12.2025 & 26.12.2025 respectively, and
to convey the approval of the Government of India
for extension of period for milling of paddy and
delivery of Custom milled Rice (CMR) into the
Central Pool up to 30.04.2026 for both Kharif and
Rabi crops of KMS 2024-25.
2. State Govt. is requested to ensure that CMR
delivery for KMS 2024-25 does not overlap with the
CMR delivery for KMS 2025-26. However, mills
may be allowed to deliver CMR for KMS 2025-26
into the Central Pool after they have completed
100% of CMR delivery for KMS 2024-25. Besides,
data of procurement may be reconciled on CFPP.
3. The delivery of CMR will be as per the cost sheet
and FAQ specifications prescribed for KMS 2024-
25. Government of Odisha must ensure that the
delivery of CMR of Kharif & Rabi crops of KMS
2024-25 is completed by 30.04.2026."
8. In view of the policy announced by the Govt. as
reflected in Annexure-3 series i.e. letter dated 31.12.2025
issued by the Government of Odisha and letter dated
31.12.2025 issued by the Government of India, it is directed
that the authorities shall abide by the conditions laid down
in the said Government Guidelines extending the last date
of delivery of CMR into central pool up to 30.04.2026.
Accordingly, it is further directed the authorities
shall not take any coercive action against the petitioner
miller during the period extended date till 30.04.2026 and
shall facilitate implementation of Govt. policy as enunciated
in those office letters.
The petitioner shall also abide by all the
conditions as imposed by the both the letters issued by the
Union as well as State i.e. the conditions those are meant
for the custom millers of Rice.
9. The writ petition is disposed of with the observations
as made above.
(Mruganka Sekhar Sahoo)
Judge
Orissa High Court, Cuttack
The 5th February, 2026/Radha
