Maa Tarini SHG, Bonth represented through its Secretary, Annapurna Malik v. State of Odisha
2026-01-30
Ananda Chandra Behera
body2026
DailyLaw.ai
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.
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.
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) 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.