Bhagirathi Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bhagirathi Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether Rule Nisi should issue calling upon the Opposite Parties to show cause why the appointment of Opposite Party No.6 as the dealer for Bhaliadihi Gram Panchayat (letter No.1100/CS, dt.21.2.2025, Annexure-15) should not be quashed. +1 more

Ratio / Principle

The writ petition stands disposed of. The Court issued no Rule Nisi, did not quash the appointment of Opposite Party No.6, and gave no direction regarding disposal of the petitioners' representations.

Key takeaways

The Vakalatnama filed by Mr. R.C. Pradhan, counsel for Opposite Party No.5 (Sarpanch of the Gram Panchayat), is taken on record.obiter¶¶22
The memo of even date filed by the petitioners through their learned counsel is taken on record.obiter¶¶23

Detailed headnote1 paragraphs

W.P. (C) No.12455 of 2025, High Court of Orissa at Cuttack (Justice M.S. Sahoo), order dated 08.05.2025 (hybrid mode): Petitioners Bhagirathi Jena and others, villagers of Bhaliadihi (P.S. Sarankul, district Nayagarh), sought Rule Nisi to quash the appointment of Opposite Party No.6 as dealer for Bhaliadihi Gram Panchayat vide letter No.1100/CS, dt.21.2.2025 (Annexure-15), along with disposal of their representations (Annexures-13 and 14) praying that the Gram Panchayat be appointed dealer to distribute Public Distribution System (PDS) commodities. Counsel for Opposite Party No.5 (the Sarpanch) filed his Vakalatnama, which was taken on record, as was the petitioners' memo of date. On being asked, learned counsel for the petitioners submitted that there is no specific provision for the villagers to be interested in distribution of PDS commodities through a particular agency, and that the villagers shall approach the authority if any remedy is available under law for redressal of their grievances. Thereupon, without issuing Rule Nisi and without adjudicating the merits of the dealership appointment, the Court simply ordered that the writ petition stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) No.12455 of 2025

Bhagirathi Jena and others ….

Petitioners

Mr. B.K. Nayak-3, Advocate

-versus-

State of Odisha and others

Opp. Parties

Mr. S.K. Swain, AGA (for O.P. Nos.1 to 4)

CORAM:

JUSTICE M.S. SAHOO

ORDER

08.05.2025 (Hybrid Mode)

Order No.

01. 1 . The writ petition has been filed by the villagers of Bhaliadihi, P.S. Sarankul in the district of Nayagarh with the following prayer:

“Therefore it is humbly prayed that, this Hon’ble Court may graciously be pleased to issue Rule Nisi calling upon the Opp. Parties to show cause, as to why the appointment of Opp. Party No.6 as the dealer for Bhaliadihi Gram Panchayat vide letter No.1100/CS, dt.21.2.2025 under Annexure-15 shall not be quashed.

Along with a prayer to dispose of the representations annexed to the writ petition marked at 13 and 14 with a prayer to appoint the dealer for Gram Panchayat to distribute the Public Distribution System (PDS) Commodities.”

It is submitted by the learned counsel for the petitioners-villagers that Gram Panchayat should be appointed as dealer for distribution of PDS commodities.

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2. On being asked, the learned counsel for the petitioners submits that there is no specific provision for the villagers to be interested in distribution of (PDS) Commodities through a particular agency. He further submits that the villagers shall approach the authority, if any remedy is available under law for redressal of their grievances.

3. Mr. R.C. Pradhan, learned counsel submits that he appears for the opposite party no.5-Sarpanch of the Gram Panchayat and files Vakalatnama.

The Vakalatnama shall be taken on record. The scanned copy be updated.

4. Memo of date filed by the petitioners through their learned counsel is taken on record.

5. The writ petition stands disposed of.

(M.S. Sahoo)

Judge

jyostna

Signature Not Verified

Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 12-May-2025 12:24:38

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