The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK W.P.(C) No.6414 of 2024 (In the matter of an application under Articles 226 & 227 of the Constitution of India) Khagendra Patra ....... Petitioner State of Odisha & anr. ....... Opposite Parties -Versus- Advocate for the parties For Petitioner For Opp. Parties : Mr. P.C. Jena, Advocate : Mrs. U. Padhi, ASC ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA ---------------------------------------------------------------------------- Date of Hearing & Judgment: 13.10.2025 ---------------------------------------------------------------------------- S.K. Mishra, J.
Legal Reasoning
1. Heard learned Counsel for the Parties. 2. This writ petition has been preferred by the Petitioner with following prayers:- PRAYER “It is, therefore, prayed that this Hon'ble Court may graciously be pleased to admit this writ application, issue Rule Nisi in calling upon the Opposite Parties to file show cause as to why a direction shall not be issued to provide 35 Kg. of rice instead of 5 Kg. under Antardoya Anna Yojana Scheme in favour of the petitioner with immediate effect; And if the Opposite Parties are fail to show cause or show their insufficient cause let this Hon'ble Court make the said rule absolute and upon hearing the parties direction may kindly be issued to the opposite parties to provide 35 Kg. of rice instead of 5 Kg. to the petitioner under Antardoya Anna Yojana Scheme with immediate effect for the greater interest of justice.” (Emphasis supplied) 3. The State of Odisha, so also Union of India, being subsequently impleaded as Opposite Party No.6, have filed their respective Counter Affidavits admitting the claim of the Petitioner. Paragraph Nos. 6 to 9 of the Counter Affidavit filed by the State so also Paragraph No.8 of the Counter Affidavit filed by the Union of India, being relevant, are reproduced below:- Extract from the Counter Affidavit filed by State: that, during
Decision
“6. That, in reply to the averments made in Para-5 of The writ petition, it is humbly submitted the inception of NFSA 2013 in the year of December 2015, there was immediate scope for the petitioner to change his scheme from PHH to AAY by merely tendering a simple written application W.P.(C) No.6414 of 2024 Page 2 of 11 to the Block administration. Instead, the petitioner waited till January 2024 to file a complaint on this. However, it is to humbly submit that, the petitioner's family shall be included under AAY scheme soon after the online site opens. though more 7. That, in reply to the averments made in Para-6 of the writ petition, it is humbly submitted that, the averments made by the petitioner that no action has been taken on his application dated 10.01.2024, than significant period has been elapsed since filing of his grievance, it is to once again reiterated that, the online site was closed since 8 months before date of filing of grievance by the petitioner so also movement from PHH scheme to AAY scheme was ceased at that time. The same status of the site is also continuing till now. Meanwhile, the petitioner was intimated about this deadlock verbally when he approached the Block administration in person after 10.01.2024. it to in reply That, petition, cardholder 8. the averments made in Para-6 of the writ is humbly that, being an AAY submitted to Ration inception of NFSA 2013. However, the petitioner's family shall be included under the AAY scheme once the online site resumes subject to filing of petition before the competent authority. prior under National 9. That, the Antodaya Anna Yojna (AAY) as a Central Government Food scheme Security Act is being operated by Govt. of India, the State Govt. has no role to play in new indicating (NFSA) and old W.P.(C) No.6414 of 2024 Page 3 of 11 beneficiaries. Therefore, the Govt. of India being an essential party in present proceedings and no order could be passed without its presence and the present writ petition should be dismissed on the ground of non-rejoinder of parties.” (Emphasis Supplied) Extract from the Counter Affidavit filed by Union of India: That the Hon'ble High Court vide “8. order dated 13.12.2024 directed the counsel for the Union of India for taking instruction as to when the website for online inclusion of the name of the beneficiaries under the AAY Scheme shall be operative. As per Section 10 of the National Food Security Act, 2013, the responsibility of identification of including AAY eligible households category, within ceiling and the Central guidelines specified by Government, rests with the concerned State Government. The responsibility for the updation of the list of eligible households, including AAY households, also rests with the concerned State Government. No identification for portal/website and inclusion of households under the AAY category is maintained by the Central Government.” the (Emphasis Supplied) 4. During hearing of the present writ petition, this Court has passed various orders from time to time. Para Nos. 3 to 5 of order dated 25.06.2025, Para W.P.(C) No.6414 of 2024 Page 4 of 11 Nos.3 & 4 of order dated 23.07.2025, Para Nos.2 & 3 of order dated 31.07.2025 and Para Nos.4 & 5 of order dated 22.08.2025, being relevant, are reproduced below:- ORDER 25.06.2025 for “3. Learned Counsel the Opposite Party No.6-Union of India files extract from the Control Order published in the Gazette of India dated 20th March, 2015. Drawing attention of this Court to Clause 3(5) of the Targeted Public Distribution System (Control) Order, 2015, learned Senior Panel Counsel submits, though vide order dated 13.12.2024 direction was given to the Opposite Party No.6-Union of India to take instruction as to when the website for online inclusion of the name of the beneficiaries under the AAY Scheme shall be operated and file an affidavit to the said effect, as per instruction received, in terms of Clause 3(5) of the Control Order, 2015, the State Government shall prepare and notify for identification of priority households in the rural and urban areas, with special focus on coverage of all vulnerable or needy sections of the society, and display the guidelines in the public domain, including on the State web portal. 4. Drawing attention of this Court to para-8 of the Counter Affidavit filed by the State- Opposite Party Nos.4 & 5, the learned guidelines Counsel for the the W.P.(C) No.6414 of 2024 Page 5 of 11 the further Opposite Party No.6 State-Opposite submits, Parties have admitted in the Counter that the Petitioner's family shall be included under the AAY scheme once the online site resumes, subject to filing of petition by the Petitioner before the competent authority. 5. In view of such submission made by the learned Counsel for the Union of India so also averments made in para-8 of the Counter Affidavit filed by the State, learned Counsel for the State prays for a short adjournment to take instruction to apprise this Court as to whether any guidelines in the said regard in the public domain, including on the State web portal and produce the said guidelines before this Court with an affidavit so also take instruction as to whether online site has resumed for inclusion of the beneficiary under the AAY scheme.” is available ORDER 23.07.2025 “3. The matter be listed on 31st July, 2025. The B.D.O., Baliapal (Opposite Party No.5), who is the deponent of the Counter Affidavit filed by the Opposite Party Nos.4 & 5 in this case, shall remain present before this Court in person on 31 to July, 2025, at 10.30 A.M., the redress Petitioner, which been admitted by him in paragraph Nos.6 to 9 of the Counter Affidavit so also provide instruction in terms of Order 25.06.2025. the grievance of have W.P.(C) No.6414 of 2024 Page 6 of 11 4. It that, is made clear pendency of the writ petition shall not be a bar for the authority concerned to deal with the the grievance of Petitioner and provide him the benefits under the Antodaya Anna Yojana (AAY) Scheme, as admitted Counter Affidavit filed by the Opposite Party Nos.4 & 5 so also in view of the stand taken by the Union of its Counter India Affidavit.” the in in ORDER 31.07.2025 order “2. Pursuant dated to 23.07.2025, Mr. Radha Ranjan Das, the BDO, Baliapal (O.P. No.5) is present in person before this Court and submits, he is not the deponent of the Counter Affidavit filed by Opposite Party Nos.4 & 5 in this case. His predecessor has filed the Counter Affidavit. He has recently joined as BDO, Baliapal. However, he undertakes to provide necessary instruction to the learned State Counsel, as observed vide orders dated 25.06.2025 and 23.07.2025. Hence, the personal appearance of the BDO, Baliapal is dispensed with for the time being. learned AGA 3. Mr. Sahoo, prays for two weeks' time to have a detailed discussion with Mr. Radha Ranjan Das, the present BDO, Baliapal and file necessary affidavit to redress the grievance of the Petitioner in terms of orders dated 25.06.2025 and 23.07.2025.” W.P.(C) No.6414 of 2024 Page 7 of 11 ORDER 22.08.2025 “4. From the said affidavit, it is ascertained that the Chief Civil Supplies Officer, Balasore, vide dated letter No.4133 13.08.2025 wrote the to Principal Secretary to Govt. Food Supplies & Consumer Welfare Department, Odisha, Bhubaneswar with a request to open the online portal of Baliapal Block to move AAY ration card from PHH enabling the namely, Khagendra Patra to get the benefit. Petitioner of 5. In view of the admission made by the State-Opposite Parties the entitlement regarding Petitioner under AAY Scheme, the learned Counsel for the State is directed to take instruction from the Principal Secretary to Govt., Food Supplies & Consumer Welfare Department, Odisha, Bhubaneswar (Opposite Party No-1) as to what action has been taken by him pursuant to such communication dated 06.08.2025 and by what time the online portal would be made open to redress the grievance of the Petitioner pursuant to order dated 25.06.2025 and file an affidavit to the said effect before the next date of listing, after serving copy of the same on the learned Counsel for the Petitioner.” (Emphasis supplied) 5. Pursuant to order dated 22.08.2025, instruction being received from the Joint Secretary to Government, Government of Odisha, Food Supplies W.P.(C) No.6414 of 2024 Page 8 of 11 and Consumer Welfare Department, learned State Counsel files photocopy of the said letter dated 11.09.2025 in the Court, which is taken on record. Paragraph Nos.1 to 6 of the said written instruction, being relevant, are reproduced below:- “1. The online portal for issuance of ration cards to eligible applicants is open throughout the State. All 314 Blocks & 64 ULBs including all in Balasore Blocks and ULBs district have recently been allotted with 15 lakh additional individual targets inclusion of eligible beneficiaries under the State Food Security Scheme. for of ceiling 2. Under National Food Security Act, Government of India have allotted Odisha a beneficiaries upper 3,26,21,000 individuals based on 2011 Census Population, to be covered under the food security ambit mandated by the Act, which inclusive of individuals covered under Priority Households (PHH) and Antyodaya Anna Yojana (AAY) Households. is 3. District can accommodate any eligible applicant family applied under NFSA in AAY category if the has concerned individual vacancy available within the overall individual NFSA ceiling (PHH+AAY individuals) fixed for the concerned Block/ULB. Block/ULB 4. But, before digitization of such family as AAY, the Block/ULB Authority shall ensure deletion of the existing PHH status of the family from the NFSA beneficiaries W.P.(C) No.6414 of 2024 Page 9 of 11 database and ask the concerned family to apply again afresh under NFSA as has been advised by the Department of Food & Public Distribution, Government of India while running Subsidy Mapper for flagging discrepant cards. 5. If the family is eligible to be covered under AAY as per the earlier circulated AAY Guidelines, the Block/ULB Authority can move the application to the Final Priority List of NFSA as AAY category, within the available NFSA vacancy. 6. If no vacancy is available in NFSA, the family can apply for coverage under the State Food Security Scheme and can be found eligible if accommodated, after under field existing vacancy.” verification, 6. Since claim of the Petitioner is admitted by the State Authority, in view of the aforesaid instruction received from the Commissioner-Cum-Secretary, Consumer Welfare Department (O.P. No.1), so also letter of the Chief Civil Supplies Officer, Balasore dated 13.08.2025, addressed to the Principal Secretary to Govt., Food Supplies & Consumer Welfare Department, Odisha, Bhubaneswar, the Petitioner is permitted to act in terms of the said instruction received from the Joint Secretary to W.P.(C) No.6414 of 2024 Page 10 of 11 Government of Odisha, Food Supplies and Consumer Welfare Department, if not acted in the meantime. 7. It is submitted at the Bar that the Civil Supply Officer, Balasore (O.P.No.4) is the authority to look into the grievance of the Petitioner regarding inclusion of his name as a beneficiary under the Antardoya Anna Yojana Scheme (AAYS). Hence, the Opposite Party Nos.4 and 1 are directed to do the needful for inclusion of the name of the Petitioner under the AAYS at the earliest, preferably within a period of four weeks from the date of communication of the certified copy this order. 8. Accordingly, the writ petition stands allowed and disposed of. No order as to costs. Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Oct-2025 18:28:11 …….….………………… S.K. MISHRA, J. Orissa High Court, Cuttack The 13th October, 2025/Banita W.P.(C) No.6414 of 2024 Page 11 of 11