Research › Search › Judgment

Orissa High Court · body

2026 DAILYLAW 27260 (ORI)

Maa Tarini SHG, Sahapur, represented through its Secretary v. State of Odisha

2026-01-30

Ananda Chandra Behera

body2026
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 07.01.2026 under Annexure-9 issued by the Collector, Bhadrak (Opp. Party No.4) relating to the exclusion of the name of the petitioner-WSHG from the Annexure-8 as a society/agency for the procurement of paddy of Tihidi Block of Kharif Marketing Season 2025-26 and to declare the action of the Opp. Parties relating to the exclusion of the name of the petitioner-WSHG for the procurement of paddy of Tihidi Block for KMS 2025-26 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-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 Tihidi Block indicating the name of the petitioner-WSHG, in Serial No.153 of Annexure-3 with its PAC Code No.S2040712. Thereafter, as per Office Order dated 11.12.2025 and 18.12.2025 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. The above conduct of the Opp. Parties clearly clarifying that, petitioner-WSHG 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-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 Tihidi Block was prepared on dated 02.01.2026 as per Annexure-8, in which, the name of the petitioner-WSHG was in Sl. No.48, but on 07.01.2026, suddenly, the same Collector, Bhadrak (Opp. No.48, but on 07.01.2026, suddenly, the same Collector, Bhadrak (Opp. Party No.4) unilaterally and illegally issued the impugned Office Order vide Annexure-9 excluding the name of the petitioner-WSHG as an agency for the procurement of paddy for KMS 2025-26 of Tihidi Block behind the back of the petitioner without assigning any reason and 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. For which, without, getting any way, the petitioner filed this writ petition against the Opp. Parties praying for quashing the impugned Letter/Order dated 07.01.2026 vide Annexure-9 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 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 in accordance with the notified policy. 3. I have already heard from the learned counsel for the petitioner & learned Standing Counsel for the State. 4. The undisputed documents relied by the petitioner vide Annexures-1 to 8 are going to show that, the petitioner 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 S2040712 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. In the final list prepared by the Opp. Parties dated 02.01.2026 vide Annexure-8, the name of the petitioner was reflected by the Opp. Parties in Sl. No.48 as a paddy procurement society/agency of Tihidi Block for KMS 2025-26, but as per Letter No.125 dated 07.01.2026 (Annexure-9), the Opp. Party No.4 eliminated/excluded the name of the petitioner-WSHG from the paddy procurement system of KMS-2025-26 of Tihidi Block without assigning any reason. 5. When the petitioner was selected by the Opp. Parties as a paddy procurement society/agency for the KMS 2025-26 and when trainings were provided to the members of the petitioner-WSHG by the Opp. Party No.4 eliminated/excluded the name of the petitioner-WSHG from the paddy procurement system of KMS-2025-26 of Tihidi Block without assigning any reason. 5. When the petitioner was selected by the Opp. Parties as a paddy procurement society/agency for the KMS 2025-26 and when trainings were provided to the members of the petitioner-WSHG by the Opp. Parties for the same and when in the final list of the selected WSHGs as paddy procurement societies/agencies for KMS 2025-26 was prepared indicating/reflecting the name of the petitioner in the Serial No.48 of Letter/Order No.19 dated 02.01.2026 vide Annexure- 8, then, on the basis of the said undisputed documents vide Annexures 1 to 8, 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 Tihidi Block and when on 07.01.2026, as per the impugned Office Letter No.125 dated 07.01.2026 vide Annexure-9, the Opp. Party No.4 eliminated/excluded the name of the petitioner from such list without any reason, then, at this juncture, as per law, before elimination/exclusion of the name of the petitioner-WSHG from Annexure-8 as per Annexure-9, 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 cause and reason for the elimination of its name, but, the Opp. Party No.4 has not done so. The Annexure-9 is not going to show about the providing of any opportunity of being heard to the petitioner- WSHG for the elimination of its name from Annexure-8 and the Annexure-9 is also not reveal any cause or reason for the elimination of the name of the petitioner as the paddy procurement society/agency for KMS 2025-26 of Tihidi Block. 6. When the impugned Office Letter No.125 dated 07.01.2026 vide Annexure-9 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 Tihidi Block after creation of certain rights in favour of the petitioner as per Annexures-1 to 8 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.125 dated 07.01.2026 (Annexure-9) issued by the Opp. Party No.4 (Collector, Bhadrak) cannot be sustainable under. 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. 7. Therefore, there is merit in the writ petition filed by the petitioner-WSHG. The same is to be allowed. 8. In result, the writ petition filed by the petitioner is allowed. 9. The impugned Letter/Order No.125 dated 07.01.2026 vide Annexure-9 issued/passed by the Opp. Party No.4(Collector, Bhadrak) for the elimination/exclusion of the name of the petitioner-WSHG as a paddy procurement society/agency of Tihidi Block for KMS 2025-26 is quashed making it clear that, if the registered farmers of the petitioner- WSHG will have been tagged with any WSHG in the meanwhile for the procurement of paddy for KMS 2025-26, the same will remain undisturb. 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 Tihidi Block for KMS 2025-26 afresh and to take fresh decision on the same after issuance of show-cause notice to the petitioner-WSHG and 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. 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 Tihidi 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. 10. As such, this writ petition filed by the petitioner is disposed of finally.