The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WPC No.33267 of 2024 Charampa PACS (Primary Agriculture Co-operative Society) …. Petitioner Mr. Sukanta Kumar Dalai, Advocate -versus- State of Odisha and others
Legal Reasoning
…. Opposite Parties Mr. Dayanidhi Lenka, Addl. Govt. Advocate Mr. Tusan Kanta Nayak, Advocate along with Ms. Manasi Panda, Advocate Order No. 10.
Decision
CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 10.03.2025 This matter is taken up through Hybrid Mode. 2. In the present writ petition the Petitioner has challenged the decision dated 14.11.2024 taken under the Chairmanship of Opposite Party No.4, i.e., Collector, Bhadrak in finalizing the action plan for paddy procurement operations for the Khariff Marketing Season (KMS) 2024-25 and objection is raised against decision to debar the Petitioner-Primary Agriculture Co-operative Society (PACS) in participating in the paddy procurement in view of the decision for the Khariff Marketing Seasons (KMS), 2023-24. 3. The Petitioner has come up before this Court invoking under Articles 226 and 227 of the Constitution of India with the following prayer(s):- “It is therefore, humbly prayed that this Hon’ble Court may kindly be graciously pleased to admit the writ petition, issue RULE NISI calling upon the opposite parties to show cause as to why; Page 1 of 5 i) ii) iii) The decision of Paddy Procurement committee dtd. 14.11.2024 under Annexure-2 and the consequential decision/ Advertisement dtd. 30.11.2024 under Annexure-3 and order dated 27.12.2024 & 28.12.2024 under Annexure-4 series shall not be quashed declaring the same as illegal, arbitrary, malafide, without authority, against the principles natural justice; and contrary to the operational guidelines. The opposite parties more especially Opp. Party No.4 i.e. Collector, Bhadrak shall not be directed to allow the petitioner-society to procure paddy for KMS-2024- 25 in respect of Rambhilla Gram Panchayat in Bjadrak district in declaring appointment of opposite party no- 7 is bad in law. The action of the Opp. parties more especially Opp. Party No.4 to 6 shall not be declared as illegal, arbitrary, malafide and contrary to the operational guidelines. pass And/or order/orders, any direction/directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case; other And for this act of kindness the petitioner as in duty bound shall ever pray.” 4. On 03.01.2025 this Court has passed the following order:- Heard Mr. Dalai, learned Counsel for the “ This matter is taken up through hybrid mode. 2. Petitioner. 3. Mrs. Padhi, learned ASC for the State accepts notice on behalf of Opposite Party Nos.1 to 6 and admits to have received copy of the Writ Petition with I.A. and prays for a short adjournment to take instruction as to the present status of allotment of paddy procurement operation so far as to the present status of allotment of paddy procurement operation so far as Rambhilla G.P. under Bhadrak Block. 4. from 13th January, 2025. The matter be listed in the week commencing Page 2 of 5 Status quo as on date with regard to paddy 5. procurement for KMS 2024-25 in respect to Rambhilla G.P. under Bhadrak Block shall be maintained till the next date. It is made clear that since the Petitioner claims 6. itself to be a PACS and was assigned with paddy procurement job for KMS 2023-24 and in other similar cases, the State has made interim arrangement for assigning the job of paddy procurement to PACS only, pendency of the Writ Petition shall not be a bar for the Authority concerned to consider the case of the Petitioner PACS for assigning the paddy procurement job for KMS 2024-25. Learned Counsel for the State is directed to 7. communicate a digitally signed copy of this order, available in the website of this Court, to the authority concerned immediately and also take instruction as to the present status of allotment of paddy procurement operation so far as Rambhilla G.P. under Bhadrak Block unfailingly before the next date of listing.” 5. During pendency of this writ petition the Opposite Party Nos.1 to 4 filed an additional affidavit dated 06.02.2025 being sworn to by Sri. Lingaraj Behera- Civil Supplies Officer, Bhadrak, wherein it is asserted as follows:- *** *** “ *** That this Hon’ble Court vide order dated 3. 24.12.2024 passed in W.P.(C) No.29524 of 2024 (Maa Maheswari Women Self Help Group, Subarnapur) wherein the Hon’ble Court clarified/directed that the State Authority shall procure paddy from the farmers for Kharif 2024-25 through PACS only so far as the concerned Paddy Procurement Centres (PPC), which are the subject matter of the pending writ petition. 4. That in obedience to the order dated 24.12.2024 passed by this Hon’ble Court, it is humbly submitted that the farmers of the Rambhila Gram Panchayat and Charampa Gram Panchayat are selling their paddies Page 3 of 5 through Charampa PACS and the process of the paddy procurement is in progress.” 6. Further, additional affidavit dated 13.02.2025 has been filed being sworn to by Sri Lingaraj Behera, Civil Suppliers Officer, Bhadrak affirming as follows:- in *** *** further to obtain instruction whether this Hon’ble Court “*** 3. That this Hon’ble Court vide order dated the 11.02.2025 passed by abovementioned writ petition wherein the Hob’ble Court directed the procurement of paddy through Primary Agriculture Co- operative Societies is restricted to KMS 2024-25 only. 4. That in obedience to the order dated 11.02.2025 passed by this Hon’ble Court, it is humbly submitted that basing upon the principles provisioned in Food & Procurement Policy of the Government, the District Procurement Committee finalizes the action plan for smooth Paddy Procurement Operation in the District. As such, in pursuance of the Clause-2.1 & 2.6 of the Food & Procurement Policy for the KMS 2024-25, Primary Agriculture Co-operative Societies (PACS) have been enrolled under Paddy Procurement Operation for the KMS 2024-25 only. Copy of the Food & Procurement Policy for the KMS 2024-25 issued by the Government vide is annexed herewith as Annexure-A/4.” letter No.16391 dated 25.10.2024 7. It is submitted by Mr. Sukanta Kumar Dalai, learned counsel appearing for the Petitioner that in view of interim protection granted by this Court and facts as asserted by Civil Supplies Officer, Bhadrak, this writ petition has been rendered infructuous as the Procurement of Paddy through Primary Agriculture Co-operative Societies (PACS) is restricted to Khariff Marketing Season 2024-25 only. Page 4 of 5 8. In consideration of submissions of the learned counsel for the petitioner as also the learned Additional Government Advocate referring to the affidavits filed before this Court, the writ petition stands disposed of as being rendered infructuous. 9. Needless to say that the questions of law raised in the writ petition are left open. Suchitra (M.S. Raman) Judge Signature Not Verified Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Mar-2025 18:20:35 Page 5 of 5