The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2485 of 2024 Maa Durga WSHG, Bhadrak … Petitioner Mr. A.B. Parida, Advocate -versus- State of Odisha and others … Opposite Parties Mr. S.S. Pradhan, AGA Mr. P.S. Nayak, Sr. Panel Counsel (OP-7) Order No. 11. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 21.10.2024 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application under Articles 226 and 227 of the Constitution of India by the petitioner-a Women Self Help Group (WSHG) being represented by its Secretary praying for a direction to OPs, more particularly to OPNo.2-Collector, Bhadrak to clear up its outstanding dues in terms of bill under Annexure-1 Series for a total amount of Rs.1,74,084/-. 3.
Legal Reasoning
In the course of hearing of the writ petition, Mr. Ambuja Bandhu Parida, learned counsel for the petitioner submits that although the petitioner-WSHG had supplied Chhatua to different Anganwadi Centers of Tihidi block in the district Nabarangpur in pursuance to the letter of CDPO, Tihidi dated 04.06.2018, but its bill amount has been withheld and the same has not yet been cleared/paid to the WSHG-cum-petitioner. Mr. Parida, however, by taking this Court through the facts of the Page 1 of 5 case prays for a direction to OPNo.2-Collector, Bhadrak to pay the outstanding amount as indicated in the prayer of the petitioner. 4. On the other hand, Mr. S.S. Pradhan, learned AGA, by taking this Court through the averments of paragraph-12 of the counter affidavit filed by OPNos.1 to 4, submits that there is absolutely no dispute about the petitioner supplying Chhatua to different Anganwadi Centers, but the State’s stand is that it would clear up the amount after receipt of funds from the Government of India under SABALA Scheme. Further, Mr. Pradhan, however, submits that the fund has not yet been supplied to the State for which there is a delay in payment. 5. On the other hand, Mr. Partha Sarathi Nayak, learned Senior Panel Counsel appearing on behalf of Union of India by taking this Court through the averments of paragraphs-16 and 17 of the counter affidavit filed by OPNo.7 submits that the Center has in fact already provided the required funds under SABALA Scheme way back in the year 2017-18 and, accordingly, a sum of Rs.97.2 lakhs is yet to be spent by the State Government and, therefore, the State Government would not face any difficulty in clearing up the bill of the petitioner. 6. After having considered the rival submissions upon perusal of record, it appears that the claim of the petitioner has not been refuted by any of the OPs, rather the claim of the petitioner has been admitted by OPNos.1 to 4 in paragraph-12 of their counter affidavit, which reads as under:- Page 2 of 5 to “12. That, the Under Secretary to Govt., W&CD Deptt., Odisha issued a letter on the Collector, Bhadrak 29.02.2024 assuring that the payment shall be disbursed after receipt of funds under SABALA scheme from the Govt. of India and all the dues will be cleared up thereafter. Copy of the letter dated 29.02.2024 is annexed herewith as Annexure-C/4” 7. Similarly, in paragraphs-16 and 17 of the counter affidavit, OPNo.7 has stated as under:- “16. In reply to above averment made by the Opp. Parties No.1 to 4 it is humbly submitted that, the details of funds released by the Government of India to the State of Government of Odisha from Financial Year 2017-18 onwards under the Scheme for Adolescent Girls are as under:- Rs. In Lakhs Financial Years Released Utilized 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2442.6 866.77 72.6 29.69 96.54 2345.4 0 335.62 10.54 40.8 782.39 636.72 3085.58 2024-25* -- 17. It is also relevant to mentioned herein that the bills are in questions pertain to the financial year 2017-18 and an amount of Rs.2442.6 Lakhs were released by the answering respondent to the State of Odisha, out of which an amount of Rs.2345.4 had been utilized. As per the utilization Certificate submitted by the State Government, an Page 3 of 5 amount of Rs.97.2 Lakhs were unspent with the State Government at the end of financial year 2017-18. Further, in all the subsequent financial years also the state government has utilized the amount released by the Central Government. A copy of the Utilization Certificate for the financial year 2017-18 is annexed herewith as Annexure-R7/1.” less amount than 8. In view of the aforesaid admitted submissions and pleadings keeping in view the fact that the averments of paragraphs 16 and 17 of the counter affidavit of OP-7 having not denied by OP Nos. 1 to 4 by filing rejoinder to counter affidavit of OP No.7, their remains nothing to adjudicate, rather it is admitted by the parties that the petitioner-WSHG had supplied Chhatua to different Anganwadi Centers of Tihidi Block, but its bill has not yet been cleared up. Further, the aforesaid averments made by OPNos.1 to 4 and 7 makes it very clear that the fund has already been made available to the State Authority and, therefore, OPNo.2 would not face any difficulty in disbursing the amount to the petitioner, since there is no dispute with regard to supply of Chhatua to different Anganwadi Centers of Tihidi block. 9. In view of the aforesaid admitted facts and taking into consideration the rival submissions keeping in view the fact that the outstanding amount of the petitioner is still remain unpaid, interest of justice would be best served if the amount so unpaid is paid to the petitioner. 10. In the result, the writ petition stands allowed,
Decision
but there is no order as to costs. Consequently, OPNo.2- Page 4 of 5 Collector, Bhadrak is, hereby, directed to disburse the amount of the petitioner within a period of three months from the date of receipt of the copy of this order. (G. Satapathy) Judge Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Reason: Authentication Location: High Court of Orissa Date: 22-Oct-2024 18:58:23 Page 5 of 5