Jay Maa Tarini Self Help Group,Bargarh Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Jay Maa Tarini Self Help Group,Bargarh Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer of the writ petition amended to include a direction permitting the petitioners to participate in the paddy procurement operation during Rabi 2024-25 as paddy procurement agents in their respective blocks; writ petition disposed of in the same terms as the order dated 10.03.2025 in W.P.(C) No.29405 of 2024; I.A. No.4518 of 2025 disposed of.

Issue for consideration

Whether the prayer of the writ petition may be amended (I.A. No.4518 of 2025) to additionally seek a direction permitting the petitioners to participate in the paddy procurement operation during Rabi 2024-25 as paddy procurement agents in their respective blocks. +1 more

Court's answer

The amendment of the prayer sought in I.A. No.4518 of 2025 is allowed to be incorporated in the writ petition because it does not change the nature of the writ petition and no serious objection has been raised on behalf of the Opposite Parties.

Ratio / Principle

I.A. No.4518 of 2025 stands disposed of with the amendment allowed.

Key takeaways

W.P.(C) No.29234 of 2024 stands disposed of in the same terms as contained in the order dated 10.03.2025 in W.P.(C) No.29405 of 2024.ratio¶27

Detailed headnote1 paragraphs

Orissa High Court (M.S. Raman, J.), by order dated 21.03.2025 in W.P.(C) No.29234 of 2024 (Jay Maa Tarini Self Help Group, Bargarh v. State of Odisha and others), allowed I.A. No.4518 of 2025 filed under Chapter-VI Rule 27(a) of the Orissa High Court Rules, 1948, permitting amendment of the writ prayer to seek a direction allowing the petitioner self help group to participate in the paddy procurement operation during Rabi 2024-25 as paddy procurement agents in its blocks, in addition to the existing Kharif 2024-25 prayer, on the ground that the amendment did not change the nature of the writ petition and attracted no serious objection from the Opposite Parties. The writ petition was thereafter disposed of in the same terms as the order dated 10.03.2025 in W.P.(C) No.29405 of 2024 (Maa Ashuragadian Women Self Help Group, Subarnapur v. State of Odisha and Others), covering a batch of identical matters, the petitioner's counsel having conceded to such disposal.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29234 of 2024

Jay Maa Tarini Self Help Group, …. Petitioner Bargarh

Ms. Jacquiline Jena, Advocate

-versus-

…. State of Odisha and others Opposite Parties

Mr. Dayanidhi Lenak, Addl. Govt. Advocate

CORAM:

Order No. 04.

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER

21.03.2025

I.A. No.4518 of 2025

This matter is taken up through Hybrid Mode.

This Interlocutory Application has been filed by the learned counsel appearing for the Petitioner seeking for amendment of the prayer of the writ petition under chapter-VI, Rule-27(a) of the Orissa High Court Rules, 1948.

Heard learned counsel appearing for the parties.

Ms. Jacquiline Jena, learned counsel appearing for the Petitioner submitted that while filing the writ petition due to inadvertence certain prayers could not be incorporated and seeks for amendment of prayers in tune with what is stated at paragraph 4 of this Interlocutory Application. Paragraph 4 of said Application is reproduced hereunder:

“ That, in the circumstances above, the Petitioners pray for amendment of the prayer of the Writ Petition to the extent as mentioned below:-

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After the First paragraph of the prayer i.e. “It is therefore most respectfully prayed that this Honourable Court may be pleased to give a direction to the Opp. Parties to allow the petitioners to participate in the paddy procurement operation during the Kharif 2024-25 as paddy procurement agents in their respective blocks.” The following may be inserted:

“ii. The Petitioners further pray that this Honourable Court may be pleased to give a direction to the Opp. parties to allow the petitioners to participate in the Paddy procurement operation during the Rabi 2024-25 as paddy procurement agents in their respective blocks.” ”

Considered the grounds taken in the application and heard the learned counsel for both the sides.

Since amendment sought for does not change the nature of the writ petition and no serious objection has been raised on behalf of Opposite Parties, the amendment as suggested in the interlocutory application is allowed to be incorporated in the writ petition.

Accordingly, the I.A. stands disposed of.

W.P.(C) No.29234 of 2024

Mr. Dayanidhi Lenka, learned Additional Government Advocate appearing for the State-Opposite Parties submitted that batch of identical matters, being W.P.(C) No.29405 of 2024 (Maa Ashuragadian Women Self Help Group, Subarnapur Vrs. State of Odisha and Others, & etc.) , have been disposed of vide order dated 10.03.2024, to which Ms. Jacquiline Jena, learned counsel appearing for the Petitioner conceded.

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Suchitra

Accordingly, the writ petition stands disposed of in the same terms as contained in order dated 10.03.2025 in W.P.(C) No.29405 of 2024.

(M.S. Raman) Judge

Signature Not Verified

Page 3 of 3

Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Mar-2025 15:31:49