Disposed¶6

Debaki Jhankar v. COLLECTORandD.M,Subar

Orissa HC30 Jan 2024WP(C)/18838/2011

Case brief

AI extract

What is this about?

Orissa High Court, W.P.(C) No.18838 of 2011 (order dated 30.01.2024): writ petition by president of Nilachakra Mahila Self Help Group seeking engagement as PDS retail distributor in Phulachara, Kumursingh and Nuagarh villages (Bagbar GP, Birmaharajpur Block) disposed of for want of instructions after pendency since 2011 with no counter affidavit filed; liberty reserved to seek redressal elsewhere if cause of action survives. No statute or precedent cited; single-judge bench; no quantum involved.

What did the court decide?

In view of the petitioner's counsel having no instruction as to the present status of the petitioner Self Help Group and its prayer, the Writ Petition stands disposed of due to want of instruction. ¶6

Debaki Jhankar Vs COLLECTORandD.M,Subar — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). No.18838 of 2011

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Smt. Debaki Jhankar

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Petitioner

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Mrs. P. Priyambada, Advocate

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-versus-

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Collector & Dist. …. Opposite Parties Magistrate, Sonepur & others

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Mr. S.S. Kanungo, Additional Government Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 30.01.2024

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Order No.

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03.

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This matter is taken up through hybrid mode.

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2. Learned Counsel for the parties are present.

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3. The Writ Petition has been preferred by the Petitioner, being the President of Nilachakra Mahila Self Help Group, with a prayer to direct the Opposite Parties to engage the said SHG as Retailer for distribution of PDS articles in three villages namely, Phulachara, Kumursingh and Nuagarh, under the Bagbar GP, in the Birmaharajpur Block, within a stipulated time frame.

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4. Though the matter is pending since, 2011, no Counter Affidavit has been filed by the State till date. However, Mr. Kanungo, learned Additional Government Advocate for the State/Opposite Parties submits, in

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view of the prayer made in the Writ Petition, by efflux of time, the Writ Petition has become infructuous as the retail license for distribution of PDS articles is being issued on year to year basis and some arrangements must have been made by the State Authorities in the meantime for smooth distribution of PDS articles to the beneficiaries of those three villages, as detailed in the Writ Petition.

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5. A query being made, the learned Counsel for the Petitioner submits, she has no instruction as to the present status of the Petitioner Self Help Group so also its prayer for engaging it as a retailer to deal with PDS articles.

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6. In view of the said submission made by the learned Counsel for the Petitioner, the Writ Petition stands disposed of due to want of instruction.

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7. Needless to mention here that if any cause of action still survives, the Petitioner SHG may approach the appropriate forum for redressal of its grievance.

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(S. K. Mishra) Judge

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Kanhu

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Signature Not Verified

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Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 01-Feb-2024 11:23:47

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Page 2 of 2

Debaki Jhankar v. COLLECTORandD.M,Subar

Case brief

What is this about?

What did the court decide?

Debaki Jhankar v. COLLECTORandD.M,Subar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

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