[Cites 2, Cited by 0]
Orissa High Court
Rabindranath Das vs State Of Odisha And Others ... ... Opp. ... on 27 January, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P. (C) No.32416 of 2024
An application under Articles 226 and 227 of the
Constitution of India
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Rabindranath Das ... ... Petitioner
-Versus-
State of Odisha and others ... ... Opp. Parties
For Petitioner : Mr. M.S. Hasan, Advocate
For Opp. Parties : Mr. P.K. Sahoo, ASC
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P R E S E N T:
THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
JUDGMENT
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Date of hearing & judgment : 27th January,2026
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MRUGANKA SEKHAR SAHOO, J.
The matter is listed 'for admission' hearing.
Learned counsel for the petitioner was heard at length.
2. It is submitted by the learned counsel for the petitioner
that the petitioner's family is of seven members. Out of them
four members have been issued fair price commodities in the
Public Distribution System. Provision of the commodities to
three members has been stopped on the ground that they
have not been able to produce Aadhaar Card.
3. In response, the learned Additional Standing Counsel
refers to the counter affidavit filed by the opposite party no.3-
Block Development Officer, Marshaghai. He refers to
paragraphs-5 and 6 of the counter affidavit. The said
paragraphs-5 and 6 are reproduced herein:
"5. That, the averments made in para-1 of the
writ petition are incorrect and baseless. It is
humbly submitted that Sri Chittaranjan Das,
Dealer of Raichand has given the notice to Dali
Das, the wife of the present petitioner vide letter
dtd. 4.12.2019 to take PDS entitlement, but she
has neither received the PDS entitlement nor
given any reply for the same. Further it is humbly
submitted that the wife of the petitioner namely
Dali Das has been issued notice from the Block
Development Office, Marshaghai vide letter No.
387 dtd. 21.1.2020 and letter No. 5216 dtd.
17.11.2020 to receive PDS entitlement from the
month from July 2019 to January 2020, but she
has neither received the PDS entitlement nor
given any reply for the same. Copies of letter dtd.
4.12.2019 is annexed herewith and marked as
Annexure-A/3 and letter No. 387 dtd. 21.1.2020
are annexed herewith and marked as Annexure-
B/3.
6. That, with regard to the averments made in
para 2 and 3 of the writ petition, this deponent
has nothing to comment."
4. Further, it is evident from the counter affidavit that the
authorities have stated the reasons for deletion of three
persons from the list of beneficiaries entitled for commodities
under Public Distribution System to be non-submission of
their Aadhaar Card.
5. In view of the averments made in the counter affidavit
on behalf of the Block Development Officer, it is directed that
the petitioner's wife-Smt. Dali Das shall receive the Public
Distribution System Commodities as indicated in the counter
affidavit at paragraph-10.
6. For purpose of adjudication of the present writ petition
the aspects those are relevant and significant have been
mentioned in paragraphs-10 and 11 of the counter affidavit of
which judicial notice is taken by this Court. Paragraphs 10
and 11 of the counter affidavit are reproduced herein:
"10. That, in reply to the averment made in
paragraph-7 of the aforesaid writ petition, it is
humbly submitted that, complaint petition filed by
the petitioner on 29.07.2024 is baseless as the
head of the family i.e. Dali Das, the wife of the
petitioner Rabindra Das has been intimated by the
then BDO vide his office letter no. 387
dt.21.01.2020 to receive the monthly entitlements
both under normal NFSA and PMGKAY (free of cost)
by speed post (copy enclosed). Moreover the present
BDO had addressed the issue and informed the
petitioner vide memo No. 3457 dtd.31.07.2025,
wherein the petitioner was advised to lift his
monthly entitlement of food grains from the tagged
Fair price shop (FPS) or retailer. That apart he has
been advised vide aforesaid letter to apply online
for necessary addition of other deleted family
members in the existing ration card. Copy of letter
vide Memo No. 3457 dtd.3l.07 .2025 is annexed
herewith and marked as Annexure-D/3.
11. That, the averment made in Paragraph-8 of the
writ petition are incorrect and baseless. It is humbly
submitted that deliberately the petitioner has not
received e PDS commodities in spite of repeated
letters issued by the Dealer as well as the Block
Development Officer, Marshaghai. With regard to
the addition of his family members to his ration card
it is humbly submitted that the Block Development
Officer, Marshaghai issued letter to the petitioner
vide Memo No. 4074 dtd. 5.10.2024 approaching
him to submit Aadhaar Card of the other members
for addition, but he denied to submit the same, for
which it is not possible to add the family members
of the petitioner in the existing Ration Card. Copy of
letter dtd. 5.10.2024 is filed herewith and marked
as Annexure-E/3."
The facts/statements underlined above are considered
to be relevant by this Court and have weighed in deciding the
matter.
7. It is directed that apart from Smt. Dali Das, wife of the
petitioner other two members who seek to get benefit of
provision of FPS commodities, shall take steps as indicated in
the counter affidavit for inclusion of their names as member-
beneficiaries of the PDS commodities/ration card; such as:
they shall submit requisite documents like Aadhaar Card
issued by the Unique Identification Authority of India in
addition of their names in the Ration Card.
It is hoped that wife of the petitioner Smt. Dali Das shall
go to the fair price shop/dealer to receive her quota as
intimated by the Block Development Officer by letter dated
21.01.2020.
8. It is further directed that the authorities shall render all
assistance and necessary help to the intending applicants for
facilitating inclusion of their name in the Ration Card.
9. The writ petition is disposed of to the extent of
directions those have been given above.
(Mruganka Sekhar Sahoo)
Judge
Reason: Authentication Orissa High Court, Cuttack
The 27th January, 2026/Jyostna
Date: 03-Feb-2026 11:16:39
