Sairam Swayam Sahayika Gosthi, Baghua Vs Collector, Jajpur

3. This Writ Petition has been preferred by the Petitioner, which is a Self Help Group (SHG), challenging the selection of the Opposite Party No.5-SHG for procurement of paddy for Chanditala Gram Panchayat of Badachana Block, in the district of Jajpur, with a further prayer to quash the said selection, if the Opposite Parties fail to show cause or shown insufficient cause to select the said Opposite Party No.5.

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4. During hearing, the learned Counsel for the State so also the private Opposite Party No.5, drawing attention of this Court to the advertisement and selection process in terms of the guidelines for selection and functioning of

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WSHG/SHG Federation as paddy procurement Agent of Odisha State Civil Supplies Corporation Ltd., shortly hereinafter, “OSCSC Ltd.’, so also other State Agency submit, due procedure was followed for selection and appointment of the Opposite Party No.5 as paddy procurement Agent.

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5. Learned Counsel for the Petitioner, drawing attention of this Court to sub-clause (d) of Clause-2 of the said guidelines, as at Annexure-A/3 to the Counter Affidavit filed by the State, so also various photographs, as at Annexure-B/3 and the Report annexed to the Counter as Annexure-E/3 submits, the said Geotagged photographs well demonstrate that the date of all the said photographs is “04.11.2023”, which is admittedly one day after the complaint lodged by the present Petitioner on 03.11.2023. 6. That apart, even if it is admitted that the report submitted before the Block Development Officer, Badachana to be correct, the said report reflects that notices were duly displayed in the notice boards of AWCs on different dates i.e. on 13.10.2023, 15.10.2023 & 16.10.2023. As per the guidelines, such notice shall be displayed at the concerned Anganwadi Centres for at least fifteen days, whereas; the selection of the present Opposite Party No.5 was made well before completion of the said period.

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7. Though the notice dated 11.10.2023, as at Anenxure1, indicates the last date of submitting application to be 25.10.2023, as per the said report, the alleged date of publication of notice in various Anganwadi Centres were dated 13.10.2023, 15.10.2023 & 16.10.2023 and such

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conduct of the Opposite Parties for selection of Opposite Party No.5 is contrary to the guidelines and deserves interference.

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8. In response to the said submission made by the learned counsel for the Petitioner, learned Counsel for the State so also learned Counsel for Opposite Party No.5, reiterating the submissions made on 21.08.2024, submit that the Opposite Party No.5 was appointed as Commission Agent for paddy procurement for Kharif season and it has achieved the record 97.5% of paddy procurement and its tenure has also expired since March, 2024. Hence, by efflux of time, the Writ Petition has become infructuous.

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9. Though the learned Counsel for the Petitioner does not dispute the said submission made by the learned Counsel for Opposite Party No.5 as to completion of the tenure of the said S.H.G., but submits, every year the Authority concerned are acting in an illegal manner for selection and appointment of SHG for paddy procurement of Kharif and Rabi season by adopting corrupt practice.

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10. In view of the said submission made by the learned Counsel for the parties, it would be apt to reproduce below the clause 2(d) of the guidelines for selection and functioning of WSHG/SHG Federation as paddy procurement Agent of Odisha State Civil Supplies Corporation Ltd./Other State Agencies.

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“ 2. Selection of WSHG/SHG Federation

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be notified at the Office of the DSWO & at concerned Office of the CDPOs & shall be displayed at concerned AWCs for at least 15 days. The format for Expression of Interest by WSHG / SHG federations is enclosed herewith as Annexure-I. This shall also be shared with the Block Level Federation.”

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(Emphasis supplied)

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11. In view of the allegations made in the Writ Petition, so also the provisions under the guidelines, as extracted above, it is made clear that whenever so required for procurement of paddy for Chandital Gram Panchayat in future though WSHG/SHG Federation, the Opposite Party No.2 (District Social Welfare Officer, Jajpur) shall make a fresh advertisement for the same by giving the said advertisement wide publicity, by notifying the same at the Office of the DSWO, at concerned Office of the CDPOs and at concerned Anganwadi Centres for at least 15 days from the date of publication of the advertisement to apply so, in terms of clause 2(d) of the guidelines for selection and functioning of WSHG/SHG Federation as paddy procurement Agent of OSCSC Ltd. With the said observation and direction, the writ petition stands disposed of.

Prasant

(S.K. MISHRA)

JUDGE

Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 28-Aug-2024 18:55:28

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Sairam Swayam Sahayika Gosthi, Baghua v. Collector, Jajpur

Case brief

What is this about?

What did the court decide?

Sairam Swayam Sahayika Gosthi, Baghua v. Collector, Jajpur

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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