[Cites 2, Cited by 0]
Orissa High Court
Bimbadhara Enterprise vs State Of Odisha And Others .... Opp. ... on 26 March, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9322 of 2026
Bimbadhara Enterprise, .... Petitioner
Balasore
Mr. Jaydeep Pal, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. P.K. Mohanty, ASC
(for Opp. Party Nos.1 & 2)
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
26.03.2026
(Hybrid Mode)
Order No.
01. 1. The petitioner-a partnership firm represented
through its Managing Partner is before this Court
invoking the jurisdiction under Articles 226 and 227 of
the Constitution of India, inter alia, praying for a
direction to the Opp. Parties to allow the petitioner-
rice milling unit for accepting stock of paddy for
custom milling for Khariff Marketing Season (KMS)
2025-26.
2. Learned counsel for the petitioner refers to the
operational guidelines issued by the Odisha State Civil
Supplies Corporation Limited (A Government of Odisha
undertaking) which is in the activity/business of
procurement of paddy for KMS 2025-26.
19.5 of the said guidelines (Annexure-20 to the
writ petition, Page-109 of the brief), the paragraph is
reproduced herein.
"19. SELECTION OF CUSTOM MILLER
xxx xxx xxx
19.5 In case of any mill having been acquired
either by purchase or lease the
inheritor/purchaser shall be liable for
payment of the dues of the defaulting miller.
Such mill shall be allowed after clearance of
dues to participate, on SD norm of 1:1, 1:2
and 1:3 in 1st, 2nd and 3rd year respectively, if
otherwise found to be eligible to participate
with the approval of the OSCSC Head Office.
The inheritor or purchaser of any
defaulting rice mill shall be required to furnish
an affidavit duly notarized, to the effect that
he/she is not related to the defaulting miller
in case of a proprietorship firm, or to any of
the partners of the defaulting mill in case of a
partnership firm, or to any other directors in
case of a limited liability company. The said
declaration shall form an integral part of the
documentation for consideration of such
inheritor or purchaser for engagement under
OSCSC Ltd. Any concealment or
misrepresentation in the declaration shall
render the engagement null and void, without
prejudice to any other legal action that may be
initiated by OSCSC Ltd."
3. It is submitted that the authorities by relying on
paragraph 19.5 as quoted above, have not allowed the
petitioner miller to procure paddy, purportedly on the
ground that the land which has been taken on lease by
the petitioner-firm from Industrial Development
Corporation of Odisha Limited, a statutory Corporation
of the State owning the land, was earlier taken on lease
by another miller, namely, M/s Maa Mangala Food
Processors Pvt. Ltd. which has some amount due to be
paid to the Corporation as it is contended by the
Corporation. Further, reason for denial is that another
miller earlier had also defaulted in paying the dues of
Civil Supplies Corporation.
4. It is submitted regarding the whatever may be the
earlier dues the petitioner miller has no proximate
relationship much less any liability to pay.
5. Learned counsel for the petitioner refers to the
earlier orders passed by the Coordinate Bench in
similar facts and circumstances, wherein notices have
been issued directing to file counter affidavit and also
interim orders have been passed.
6. Issue notice along with this order.
Learned Addl. Standing Counsel upon advance
copy served appears on behalf of the Opp. Party Nos.1
& 2 and waives notice. No further notice be issued to
the Opp. Party Nos.1 & 2.
Notice be issued to the Opp. Party Nos.3, 4 and 5
by Speed Post with registration and proof of delivery.
Requisites shall be filed within five working days.
Returnable date be fixed to 23.04.2026.
7. Counter affidavit, if any, be filed by the Opp.
Parties by the next date serving a copy thereof to the
learned counsel for the petitioner.
8. Heard learned counsel for the petitioner.
He reiterates his submissions as noted above.
9. Issue notice as above.
Extra copies be served on learned ASC.
Accept one set of process fee as well as postal
requisites along with the writ application for issuance
of notice to Opp. Parties No.3, 4 and 5.
10. It is submitted by the learned counsel for the
petitioner that in view of the earlier interim order
passed by the Coordinate Bench in similar facts and
circumstances, the same interim order may be passed.
11. As an interim measure, it is directed that the
petitioner-Partnership Firm shall be allowed to
participate in the paddy procurement for Khariff
Marketing Season (KMS) 2025-26 in the district of
Balasore and any other districts, if he has been
assigned by the authorities without being impeded by
the dues as alleged to be paid by M/s Maa Mangala
Food Processors Pvt. Ltd. or any other similar dues of
other miller which have been indicated by the
Corporation in their letter dated 02.01.2026 enclosing
the calculation sheet (Annexure-18).
12. The matter shall be listed in the week
commencing 04.05.2026.
Liberty to mention.
13. The Parties to act upon the copy of the order
obtained from the official website of this Court.
Urgent certified copy be issued as per Rules.
(Mruganka Sekhar Sahoo)
Judge
Rajesh
Signed by: RAJESH KUMAR BADHEI
