[Cites 2, Cited by 0]
Orissa High Court
*** vs State Of Odisha & Others on 30 January, 2026
ORISSA HIGH COURT : CUTTACK
WP(C) No.2068 of 2026
An application under Articles 226 & 227 of the Constitution of
India.
***
Maa Tarini SHG, Bonth represented through its Secretary,
Annapurna Malik, At/P.O-Ramakrushnapur District-
Bhadrak
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. S.K. Dalei, 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 : 22.01.2026 :: 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 petitioner-
Maa Tarini-WSHG praying for quashing the Office Order dated
03.01.2026 under Annexure-8 issued by the Collector,
Bhadrak (Opp. Party No.4) relating to the exclusion of the
name of the petitioner-WSHG from the Annexure-7 as a
society/agency for the procurement of paddy of Kharif
Marketing Season 2025-26 of Bonth 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 Bonth 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 Bonth Block in
accordance with the notified policy along with other reliefs, to
which, the petitioner-WSHG is entitled for.
2. The case of the petitioner-WSHG 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 Bonth Block
reflecting the name of the petitioner-WSHG as such, in Serial
No.85 of Annexure-3 indicating its PAC Code No.S2040422.
Thereafter, as per Office Order dated 11.12.2025 issued by the
Collector, Bhadrak (Opp. Party No.4), a training programme
was conducted and in such training programme, the members
of the petitioner-WSHG 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-WSHG, to which, the petitioner-WSHG received with
proper acknowledgments.
The above conduct of the Opp. Parties is clearly clarifying
that, petitioner-WSHG was fully equipped in its all respect for
the procurement of paddy for KMS 2025-26 of Bonth Block.
Nodal Officer was also duly appointed for the smooth progress
of the paddy procurement system by the petitioner-WSHG and
the final list of eligible Women Self Help Groups including the
petitioner-WSHG for the procurement of paddy for KMS 2025-
26 of Bonth Block was prepared on dated 02.01.2026 as per
Annexure-7, in which, the name of the petitioner-WSHG was
in Sl. No.33, but on its next day, i.e. on 03.01.2026, suddenly,
the same Collector, Bhadrak (Opp. Party No.4) unilaterally
and illegally issued the impugned Office Order vide Annexure-
8 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-WSHG 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 Opp.
Party No.6-WSHG for the paddy procurement for KMS 2025-
26 of Bonth Block.
For which, without, getting any way, the petitioner-
WSHG filed this writ petition against the Opp. Parties praying
for quashing the impugned Letter/Order dated 03.01.2026
vide Annexure-8 issued/passed by the Collector, Bhadrak
(Opp. Party No.4) relating to the exclusion of the name of the
petitioner-WSHG as an agency for the procurement of paddy
for Kharif Marketing Season 2025-26 of Bonth 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 Bonth 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 7 are going to show that, the petitioner was
selected as a paddy procurement society /agency for KMS
2025-26 of Bonth Block in the District of Bhadrak and its PAC
Code No. was S2040422 and accordingly, as per the Order of
the Collector, Bhadrak (Opp. Party No.4), the members of the
petitioner-WSHG 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-WSHG. In the final list
prepared by the Opp. Parties on dated 02.01.2026 vide
Annexure-7, the name of the petitioner was reflected by the
Opp. Parties in Sl. No.33 as a paddy procurement
society/agency of Bonth Block for KMS 2025-26, but as per
Letter No.73 dated 03.01.2026 (Annexure-8), the Opp. Party
No.4 eliminated/excluded the name of the petitioner-WSHG
from the paddy procurement system of KMS-2025-26 of Bonth
Block tagging the registered farmers of the petitioner-WSHG
with the Opp. Party No.6 for the procurement of paddy in
place of the petitioner under the following grounds i.e.
"(i). The SHG has no separate purchase center
and it is functioning in Ramakrushna GP Office
premises.
(ii). The SHG is functioning within 100 mtrs
distance from Ramakrushnapur PACS.
(iii) Since, Ramakrushnapur PACs have only
184 registered farmers, 341 numbers of
registered farmers of Maa Tarini SHG will be
tagged to Ramakrushnapur PACS for smooth
procurement of paddy."
5. The undisputed documents relied by the petitioner-
WSHG including the final list of selection as the paddy
procurement society/agency for KMS-2025-26 of Bonth Block
vide Annexure-7 prepared on dated 02.01.2026 is going to
show that, the petitioner was selected by the Opp. Parties as
the society/agency for the procurement of paddy for KMS
2025-26 of Bonth Block, but, on its next day, as per letter
No.125 dated 03.01.2026 vide Annexure-8, the Collector,
Bhadrak (Opp. Party No.4) eliminated/excluded the name of
the petitioner-WSHG from such list and tagged the registered
farmers of the petitioner-WSHG with Ramakrushnapur PACS
(Opp. Party No.6) on the grounds as indicated above in Para
No.4 of this Judgment.
6. When the petitioner was selected by the Opp. Parties as
a paddy procurement society/agency for the KMS 2025-26 of
Bonth Block and when trainings were provided to the
members of the petitioner-WSHG by the Opp. Parties for the
same and when the equipments were supplied by the Opp.
Parties to the petitioner-WSHG for procurement of paddy for
KMS 2025-26 and when in the final list of the selected WSHGs
as paddy procurement societies/agencies for KMS 2025-26 of
Bonth Block was prepared indicating/reflecting the name of
the petitioner in the Serial No.33 of Letter No.19 dated
02.01.2026 vide Annexure-7, then, on the basis of the said
undisputed documents vide Annexures 1 to 7, certain rights
were created in favour of the petitioner-WSHG as a selected
paddy procurement society/agency for the procurement of
paddy for KMS 2025-26 of Bonth Block and when on its next
day, as per the impugned Office Letter No.73 dated
03.01.2026 vide Annexure-8, the Opp. Party No.4
eliminated/excluded the name of the petitioner from such list
and tagged all the registered farmers of the petitioner with the
Opp. Party No.6-WSHG, then, at this juncture, as per law,
before elimination/exclusion of the name of the petitioner-
WSHG from Annexure-7 as per Annexure-8, an opportunity of
being heard should have been given by the Opp. Party No.4 to
the petitioner to have its say before the Opp. Party No.4
explaining/objecting the above grounds of its elimination, but,
the Opp. Party No.4 has not done so. Because, the Annexure-
8 does not reveal about providing any opportunity of being
heard to the petitioner-WSHG about the same.
7. When the impugned Office Letter No.73 dated
03.01.2026 vide Annexure-8 has been issued/passed by the
Opp. Party No.4, eliminating/excluding the name of the
petitioner-WSHG as a paddy procurement society/agency for
KMS 2025-26 of Bonth Block after creation of certain rights in
favour of the petitioner as per Annexures-1 to 7 without
issuing any show-cause, without giving any opportunity of
being heard to the petitioner-WSHG and without assigning
any reason for the same, then, at this juncture, the impugned
Letter/Order No.73 dated 03.01.2026 (Annexure-8) issued by
the Opp. Party No.4 (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-WSHG.
8. Therefore, there is merit in the writ petition filed by the
petitioner-WSHG. The same is to be allowed.
9. In result, the writ petition filed by the petitioner is
allowed.
10. The impugned Letter/Order No.73 dated 03.01.2026 vide
Annexure-8 issued/passed by the Opp. Party No.4(Collector,
Bhadrak) relating to the elimination/exclusion of the name of
the petitioner-WSHG as a paddy procurement society/agency
of Bonth Block for KMS 2025-26 is quashed except the
tagging up of the registered farmers of the petitioner-WSHG
with the Opp. Party No.6-WSHG indicated/reflected in that
Annexure-8.
11. The Opp. Party No.4 (Collector, Bhadrak) is directed to
consider the matter relating to the elimination/exclusion of
the name of the petitioner as a paddy procurement
society/agency of Bonth Block for KMS 2025-26 afresh and
to take fresh decision on the same after issuance of show-
cause notice to the petitioner-WSHG providing the petitioner-
WSHG an opportunity for filing of its reply against the show-
cause as well as after giving opportunity of being heard to the
petitioner-WSHG 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-WSHG with the Opp.
Party No.6-WSHG for the procurement of the paddy for KMS-
2025-26 indicated in Annexure-8 is remained undisturb.
It is made clear here that, if in the fresh decision of the
Opp. Party No.4 (Collector, Bhadrak), it is found that, there
was no reason/cause/basis for the elimination/exclusion of
the name of the petitioner-WSHG as the paddy procurement
agency for KMC 2025-26 of Bonth Block, then, the petitioner-
WSHG 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 is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 30 .01. 2026// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack
