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Orissa High Court
*** vs State Of Odisha & Others on 30 January, 2026
ORISSA HIGH COURT : CUTTACK
WP(C) No.2470 of 2026
An application under Articles 226 & 227 of the Constitution of
India.
***
Maa Subhadra Self Help Group, Bahabalpur & Others
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. Sadasiva Patra (1), Advocate
For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.
(For the State)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 30.01.2026 :: Date of Judgment : 30.01.2026
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioners
praying for quashing the Office Order dated 13.01.2026 under
Annexure-7 issued by the Collector, Bhadrak (Opp. Party
No.3) relating to the exclusion of the name of the petitioner-
SHG from the Annexure-6 as a society/agency for the
procurement of paddy of Kharif Marketing Season 2025-26 of
Tihidi Block and to declare the action of the Opp. Parties
relating to the exclusion of the name of the petitioner for the
procurement of paddy for KMS 2025-26 of Tihidi Block as
arbitrary and illegal and issue a Writ of Mandamus directing
the Opp. Parties to allow the petitioner-WSHG to procure
Paddy for KMS 2025-2026 of Tihidi Block in accordance with
the notified policy along with other reliefs, to which, the
petitioner-SHG is entitled for.
2. The case of the petitioner-SHG is that, as per the
decision of the District Level Paddy Procurement Committee
(DLPC) for KMS 2025-26, the petitioner-WSHG was selected
as a paddy procurement society/agency of Tihidi Block
reflecting the name of the petitioner-SHG as such, in Serial
No.15 of Annexure-3 indicating its PPC Code No.S2040709.
Thereafter, as per Office Order dated 18.12.2025 issued by the
Collector, Bhadrak (Opp. Party No.3), a training programme
was conducted and in such training programme, the members
of the petitioner-SHG successfully completed their training
and demonstrated their preparedness to procure paddy in
compliances with the policy frameworks. Thereafter, on dated
15.12.2025, the authorities distributed paddy procurement
equipments to all the selected WSHGs including the
petitioner-SHG, to which, the petitioner-SHG received with
proper acknowledgments.
The above conduct of the Opp. Parties is clearly clarifying
that, petitioner-SHG was fully equipped in its all respect for
the procurement of paddy for KMS 2025-26 of Tihidi Block.
Nodal Officer was also duly appointed for the smooth progress
of the paddy procurement system by the petitioner-SHG and
the final list of eligible Self Help Groups including the
petitioner-SHG for the procurement of paddy for KMS 2025-26
of Tihidi Block was prepared on dated 01.01.2026 as per
Annexure-6, but on, i.e. on 13.01.2026, suddenly, the same
Collector, Bhadrak (Opp. Party No.3) unilaterally and illegally
issued the impugned Office Order vide Annexure-7 excluding
the name of the petitioner-WSHG as an agency for the
procurement of paddy for KMS 2025-26 behind the back of
the petitioner without giving any opportunity of being heard to
the petitioner-SHG for the exclusion of its name from the
paddy procurement system for KMS 2025-26 and illegally
tagged to the registered farmers of the petitioner with
Bamanbindha PACS for the paddy procurement for KMS
2025-26 of Tihidi Block.
For which, without, getting any way, the petitioner-SHG
filed this writ petition against the Opp. Parties praying for
quashing the impugned Letter/Order dated 13.01.2026 vide
Annexure-7 issued/passed by the Collector, Bhadrak (Opp.
Party No.3) relating to the exclusion of the name of the
petitioner-SHG as an agency for the procurement of paddy for
Kharif Marketing Season 2025-26 of Tihidi Block and to
declare the action of the Opp. Parties as arbitrary and illegal
and to issue a Writ of Mandamus against the Opp. Parties
directing the Opp. Parties to allow the petitioner-WSHG to
procure the paddy for KMS 2025-2026 of Tihidi Block in
accordance with the notified policy.
3. I have already heard from the learned counsel for the
petitioner & the learned Standing Counsel for the State.
4. The undisputed documents relied by the petitioner vide
Annexures-1 to 6 are going to show that, the petitioner-SHG
was selected as a paddy procurement society /agency for KMS
2025-26 of Tihidi Block in the District of Bhadrak and its PAC
Code No. was S2040709 and accordingly, as per the Order of
the Collector, Bhadrak (Opp. Party No.3), the members of the
petitioner-SHG successfully completed the training
programmes for the procurement of paddy for KMS 2025-26
and the equipments for paddy procurement were issued by
the authorities to the petitioner-SHG. In the final list prepared
by the Opp. Parties on dated 01.01.2026 vide Annexure-6, the
name of the petitioner-SHG was reflected by the Opp. Parties
as a paddy procurement society/agency of Tihidi Block for
KMS 2025-26, but as per Letter No.247 dated 13.01.2026
(Annexure-7), the Opp. Party No.3 eliminated/excluded the
name of the petitioner-SHG from the paddy procurement
system of KMS-2025-26 of Tihidi Block tagging the registered
farmers of the petitioner-SHG with Bamanbindha PACS for
the procurement of paddy in place of the petitioner-SHG
under the following grounds i.e.
"(i). Lack of infrastructure for smooth paddy
procurement operation.
(ii). The registered farmers of Subhadra SHG,
Bahabalpour, Tihidi will be tagged to
Bamanbindha PACS, Tihidi for smooth
procurement of paddy."
5. The undisputed documents relied by the petitioner-SHG
including the final list of selection as the paddy procurement
society/agency for KMS-2025-26 of Tihidi Block vide
Annexure-6 prepared on dated 01.01.2026 is going to show
that, the petitioner-SHG was selected by the Opp. Parties as
the society/agency for the procurement of paddy for KMS
2025-26 of Tihidi Block, but, on 13.01.2026, as per letter
No.247 dated 13.01.2026 vide Annexure-7, the Collector,
Bhadrak (Opp. Party No.3) eliminated/excluded the name of
the petitioner-SHG from such list and tagged the registered
farmers of the petitioner-SHG with Bamanbindha PACS, Tihidi
on the grounds as indicated above in Para No.4 of this
Judgment.
6. When the petitioner-SHG was selected by the Opp.
Parties as a paddy procurement society/agency for the KMS
2025-26 of Tihidi Block and when trainings were provided to
the members of the petitioner-SHG by the Opp. Parties for the
same and when the equipments were supplied by the Opp.
Parties to the petitioner-SHG for procurement of paddy for
KMS 2025-26 of Tihidi Block and when in the final list of the
selected WSHGs as paddy procurement societies/agencies for
KMS 2025-26 of Tihidi Block was prepared
indicating/reflecting the name of the petitioner in the
Annexure-6, then, on the basis of the said undisputed
documents vide Annexures 1 to 6, certain rights were created
in favour of the petitioner-SHG as a selected paddy
procurement society/agency for the procurement of paddy for
KMS 2025-26 of Tihidi Block and when on dated 13.01.2026,
as per the impugned Office Letter No.247 dated 13.01.2026
vide Annexure-7, the Opp. Party No.3 eliminated/excluded the
name of the petitioner-SHG from such list and tagged all the
registered farmers of the petitioner-SHG with the
Bamanbindha PACS, Tihidi then, at this juncture, as per law,
before elimination/exclusion of the name of the petitioner-
WSHG from Annexure-6 as per Annexure-7, an opportunity of
being heard should have been given by the Opp. Party No.3 to
the petitioner-SHG to have its say before the Opp. Party No.3
explaining/objecting the above grounds of its elimination but,
the Opp. Party No.3 has not done so. Because, the Annexure-
7 does not reveal about providing any opportunity of being
heard to the petitioner-SHG about the same.
7. When the impugned Office Letter No.247 dated
13.01.2026 vide Annexure-7 has been issued/passed by the
Opp. Party No.3, eliminating/excluding the name of the
petitioner-SHG as a paddy procurement society/agency for
KMS 2025-26 of Tihidi Block after creation of certain rights in
favour of the petitioner-SHG as per Annexures-1 to 6 without
issuing any show-cause, without giving any opportunity of
being heard to the petitioner-SHG and without assigning any
reason for the same, then, at this juncture, the impugned
Letter/Order No.247 dated 13.01.2026 (Annexure-7) issued by
the Opp. Party No.3 (Collector, Bhadrak) cannot be
sustainable under.
For which, there is justification under law for making
interference with the same through this writ petition filed by
the petitioner-SHG.
8. Therefore, there is merit in the writ petition filed by the
petitioner-SHG. The same is to be allowed.
9. In result, the writ petition filed by the petitioner-SHG is
allowed.
10. The impugned Letter/Order No.247 dated 13.01.2026
vide Annexure-7 issued/passed by the Opp. Party No.3
(Collector, Bhadrak) relating to the elimination/exclusion of
the name of the petitioner-SHG as a paddy procurement
society/agency of Tihidi Block for KMS 2025-26 is quashed
except the tagging up of the registered farmers of the
petitioner-SHG with the Bamanbindha indicated/reflected in
that Annexure-7.
11. The Opp. Party No.3 (Collector, Bhadrak) is directed to
consider the matter relating to the elimination/exclusion of
the name of the petitioner-SHG as a paddy procurement
society/agency of Tihidi Block for KMS 2025-26 afresh and to
take fresh decision on the same after issuance of show-cause
notice to the petitioner-SHG providing the petitioner-SHG an
opportunity for filing of its reply against the show-cause as
well as after giving opportunity of being heard to the
petitioner-SHG and others, if any, in full compliance with the
principles of natural justice clarifying that, the tagging up of
the registered farmers of the petitioner-SHG with the
Bamanbindha PACS, Tihidi for the procurement of the paddy
for KMS-2025-26 indicated in Annexure-7 is remained
undisturb.
It is made clear here that, if in the fresh decision of the
Opp. Party No.3 (Collector, Bhadrak), it is found that, there
was no reason/cause/basis for the elimination/exclusion of
the name of the petitioner-SHG as the paddy procurement
agency for KMC 2025-26 of Tihidi Block, then, the petitioner-
SHG is at liberty to claim compensation for unnecessary
harassments from the erring persons/officials, those had
alleged false and baseless allegations for its elimination.
12. As such, this writ petition filed by the petitioner-SHG is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 30 .01. 2026// Rati Ranjan Nayak
Sr. Stenographer
