The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 31730 OF 2022 Gatikrushna Mishra and others …. Petitioners Mr. Basudev Barik, Advocate -versus- The Collector, Puri and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA Order No.
Decision
ORDER 15.03.2023 3. 1. This matter is taken up through hybrid mode. 2. On the oral prayer of learned counsel for the Petitioners, State of Odisha, represented through its Principal Secretary, Food Supplies and Consumer Welfare Department, Odisha, Bhubaneswar is allowed to be impleaded as Opposite Party No.5 to the writ petition. 3. The Petitioners in this writ petition pray for a direction to the Deputy Registrar, Cooperative Societies, Puri Division, Puri-Opposite Party No.3 to register the names of farmers for procurement of paddy for Kharif Marketing Season (KMF), 2022-23. It is also prayed, inter alia, to direct the Opposite Party No.3 to dispose of their representation dated 19th September, 2022 (Annexure-3) within a stipulated period. 4. The Petitioners being the farmers are members of Sainsa Sasan Seva Samabaya Samiti, Nimapara, which is a Primary Agricultural Cooperative Society (for short ‘the Society’). The Society could not submit the application of its members to Page 1 of 5 // 2 // register their names for procurement of paddy within the stipulated period, i.e. by 22nd August, 2022, due to unforeseen flood situation in Puri District in which the areas like Astaranga, Kakatpur, Nimapara, Gop, Satyabadi, Delanga, Kanasa and Pipili along with its adjacent areas have been severely affected. Thus, paddy of the Petitioners could not be procured by the State Government as per the existing policy for registration of farmers for procurement of Paddy (Kharif Crop) for KMS 2022-23. The Petitioners also ventilated their grievances at different quarters, but failed. Hence, this writ petition has been filed for the aforesaid relief. 5. Taking into consideration the genuine grievance of the Petitioners, this Court vide order dated 19th December, 2022 directed learned State Counsel to take instruction in the matter. Mr. Mishra, learned Additional Standing Counsel referring to the counter affidavit submits that the supervising/verifying officer, namely, Assistant Registrar of Cooperative Societies, Puri Circle, Puri informed the Deputy Registrar of Cooperative Societies, Puri Division, Puri-Opposite Party No.3 that due to unforeseen flood situation in the district of Puri, many farmers from the flood affected area including Nimapara could not submit their forms for registration within the stipulated date, i.e. 22nd August, 2022, due to failure of electricity for the period from 21st August, 2022 to 23nd August, 2022. Accordingly, the Opposite Party No.3 referring the communication made by the Assistant Registrar of Cooperative Societies, Puri Circle, Puri informed the Collector and District Magistrate, Puri vide his Page 2 of 5 // 3 // Letter No.3351 dated 25th August, 2022 (Annexure-D/3) stating as under: “Sir, In inviting a kind reference to the captioned subject, I bring to your kind notice that the A.R.C.S., Puri has reported that due to flood situation in Puri District many farmers from flood affected area like Astaranga, Kakatpur, Nimapara, Gop, Satyabadi, Delanga & Kanas and its adjacent areas have not been able to submit the forms within the due date, i.e. 22.08.2022. Further, due to failure of electricity from 21.08.2022 to 23.08.2022 the forms already received by the PACS couldn’t be digitized. Due to this electricity & network issues the framers didn’t receive the OTP for to be digitized. The Public representatives of the area are also intimating this plight of farmers. forms their In this regard, I am to request you that necessary steps may be taken for extending the time for Farmers Registration for these farmers affected in the recent flood. With regards. Yours faithfully, Sd/- Deputy Registrar of C.S., Puri Division, Puri” 6. In turn, the Collector & District Magistrate, Puri communicated the Principal Secretary to Government of Odisha, Supplies Food and Consumer Welfare Department, Bhubaneswar vide his Letter No.3367 dated 25th August, 2022 (Annexure-E/3) stating as under: “Sir, In inviting a kind reference to the captioned subject, I bring to your kind notice that the D.R.C.S., Puri Division, Puri has reported that due to Flood situation in Puri district many farmers from flood affected areas like Astaranga, Kakatpur, Nimapara, Gop, Satyabadi, Delang, Kanas, Pipili & adjacent Page 3 of 5 // 4 // areas have not been able to submit their forms during the due date i.e. 22.08.2022. It is also reported that due to failure of electricity and Mobile Network from 21.08.2022 to 23.08.2022 application the PACS/WSHGs could not be digitized as the farmers did not receive OTP for their forms to be digitized. The plight of the farmers is also intimated by peoples’ representatives. forms received by It is therefore requested that suitable steps may kindly be taken for extension of dateline for receipt of forms by the PACS/WSHGs. Yours faithfully, Sd/-Collector, Puri” 7. Mr. Mishra, learned Additional Standing Counsel submits that he has no instruction as to whether the Principal Secretary to Government of Odisha in Food Supplies and Consumer Welfare Department, Bhubaneswar has taken a decision on the said letter or not. 8. Taking into consideration the rival contentions of the parties and the records available, the grievance of the Petitioners appears to be genuine. Hence, this Court feels that Principal Secretary to Government of Odisha in Food Supplies and Consumer Welfare Department, Bhubaneswar-Opposite Party No.5 should take a decision pursuant to Letter No. 3367 dated 25th August, 2022 (Annexure-E/3) issued by the Collector & District Magistrate, Puri at the earliest to save the farmers from sufferings by making arrangements for sale of paddy of the Petitioners. Accordingly, this Court disposes of this writ petition with a direction to the Principal Secretary to Government of Odisha in Food Supplies and Consumer Welfare Department, Page 4 of 5 // 5 // Bhubaneswar-Opposite Party No.5 to take a decision in the matter as expeditiously as possible preferably within a period of one month from the date of production/communication of this order. Communication of the decision of Opposite Party No.5 shall be made to the Opposite Party No.4, namely, the President, Sainsa Sasan Seva Samabaya Samiti, Nimapara. 9. As requested, a copy of this order be handed over to Mr. Mishra, learned Additional Standing Counsel for communication and compliance. Urgent certified copy of this order be granted on proper application. bks (K.R. Mohapatra) Judge Page 5 of 5