Charampa Pacs (Primary Agriculture Cooperative Society), Bhadrak v. State of Odisha

Orissa HC10 Mar 2025WP(C)/33267/2024

Case brief

AI extract

What is this about?

Odisha High Court writ (WPC No.33267 of 2024, decided 10.03.2025, Judge M.S. Raman) disposed of as infructuous. Keywords: paddy procurement; Khariff Marketing Season (KMS) 2024-25; PACS; Primary Agriculture Co-operative Society; Charampa PACS; debarment of PACS; Collector Bhadrak; Paddy Procurement Committee; Rambhilla Gram Panchayat; Food & Procurement Policy Clause-2.1 & 2.6; Government letter No.16391 dtd. 25.10.2024; W.P.(C) No.29524 of 2024 (Maa Maheswari Women Self Help Group, Subarnapur); status quo interim order dtd. 03.01.2025; questions of law left open.

What did the court decide?

None; writ petition disposed of as infructuous, questions of law left open. ¶¶42

Charampa Pacs (Primary Agriculture Cooperative… — Writ and Judicial Review | Orissa HC (2025)

What the court decided

AI extract

Outcome

None; writ petition disposed of as infructuous, questions of law left open.

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Issue for consideration

Whether the decision of the Paddy Procurement Committee dtd. 14.11.2024 (Annexure-2), the consequential advertisement dtd. 30.11.2024 (Annexure-3) and the orders dated 27.12.2024 & 28.12.2024 (Annexure-4 series) debarring the petitioner PACS from paddy procurement should be quashed as illegal, arbitrary, malafide, without authority, against the principles of natural justice and contrary to the operational guidelines. +2 more

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Court's answer

In consideration of the submissions of learned counsel for the petitioner and the learned Additional Government Advocate referring to the affidavits filed before this Court, the writ petition stands disposed of as having been rendered infructuous.

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Key takeaways

The questions of law raised in the writ petition are left open.obiter¶¶43

Detailed headnote1 paragraphs

Writ petition (WPC No.33267 of 2024) under Articles 226 and 227 of the Constitution by Charampa PACS (Primary Agriculture Co-operative Society) challenging (i) the decision dtd. 14.11.2024 of the Paddy Procurement Committee taken under the Chairmanship of the Collector, Bhadrak (Opposite Party No.4) finalising the paddy procurement action plan for KMS 2024-25 and debarring the petitioner PACS (Annexure-2), (ii) the consequential advertisement dtd. 30.11.2024 (Annexure-3) and orders dtd. 27.12.2024 & 28.12.2024 (Annexure-4 series), as illegal, arbitrary, malafide, without authority, against natural justice and contrary to the operational guidelines, and (iii) seeking that the petitioner be allowed to procure paddy for KMS 2024-25 for Rambhilla Gram Panchayat, declaring the appointment of Opposite Party No.7 bad in law. By interim order dtd. 03.01.2025 this Court maintained status quo for Rambhilla G.P. and directed that pendency of the petition not bar consideration of the petitioner PACS for KMS 2024-25. Additional affidavits of the Civil Supplies Officer, Bhadrak (dtd. 06.02.2025 and 13.02.2025) recorded that, in obedience to this Court's order dtd. 24.12.2024 in W.P.(C) No.29524 of 2024 (Maa Maheswari Women Self Help Group, Subarnapur), farmers of Rambhila and Charampa Gram Panchayats were selling paddy through Charampa PACS, and that under Clause-2.1 & 2.6 of the Food & Procurement Policy for KMS 2024-25 (Government letter No.16391 dtd. 25.10.2024) PACS were enrolled for KMS 2024-25 only. Petitioner's counsel thereupon submitted the petition stood rendered infructuous. DISPOSITION: writ petition disposed of as infructuous; questions of law expressly left open. (Paras 8-9)

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IN THE HIGH COURT OF ORISSA AT CUTTACK WPC No.33267 of 2024

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Charampa PACS (Primary Agriculture …. Petitioner Co-operative Society)

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Mr. Sukanta Kumar Dalai, Advocate -versus-

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State of Odisha and others

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…. Opposite Parties Mr. Dayanidhi Lenka, Addl. Govt. Advocate Mr. Tusan Kanta Nayak, Advocate along with Ms. Manasi Panda, Advocate

CORAM:

Order No.

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER

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10.03.2025

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This matter is taken up through Hybrid Mode.

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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.

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The Petitioner has come up before this Court invoking under Articles 226 and 227 of the Constitution of India with the following prayer(s):-

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“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;

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Page 1 of 5

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i) 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.

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ii) 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-202425 in respect of Rambhilla Gram Panchayat in Bjadrak district in declaring appointment of opposite party no7 is bad in law.

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iii) 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.

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And/or pass any other order/orders, direction/directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case; And for this act of kindness the petitioner as in duty bound shall ever pray.”

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On 03.01.2025 this Court has passed the following order:-

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“ This matter is taken up through hybrid mode.

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2. Heard Mr. Dalai, learned Counsel for the Petitioner.

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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.

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4. The matter be listed in the week commencing from 13th January, 2025.

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Page 2 of 5

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5. Status quo as on date with regard to paddy procurement for KMS 2024-25 in respect to Rambhilla G.P. under Bhadrak Block shall be maintained till the next date.

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6. It is made clear that since the Petitioner claims 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.

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7. Learned Counsel for the State is directed to 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.”

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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:-

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“ *** *** ***

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3. That this Hon’ble Court vide order dated 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.

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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

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Page 3 of 5

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through Charampa PACS and the process of the paddy procurement is in progress.”

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Further, additional affidavit dated 13.02.2025 has been filed being sworn to by Sri Lingaraj Behera, Civil Suppliers Officer, Bhadrak affirming as follows:-

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“*** *** ***

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3. That this Hon’ble Court vide order dated 11.02.2025 passed by this Hon’ble Court in the abovementioned writ petition wherein the Hob’ble Court directed to obtain further instruction whether the procurement of paddy through Primary Agriculture Cooperative Societies is restricted to KMS 2024-25 only.

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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 letter No.16391 dated 25.10.2024 is annexed herewith as Annexure-A/4.”

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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.

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Page 4 of 5

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Suchitra

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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.

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Needless to say that the questions of law raised in the writ petition are left open.

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(M.S. Raman) Judge

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Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Mar-2025 18:20:35

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Signature Not Verified

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Page 5 of 5

Procedural history

How this case reached the court

AI extract

Order under challenge
Decision dated 14.11.2024 taken under the Chairmanship of Opposite Party No.4 (Collector, Bhadrak) finalising the action plan for paddy procurement operations for KMS 2024-25, debarring the petitioner PACS from participation; consequential advertisement dtd. 30.11.2024 (Annexure-3) and orders dated 27.12.2024 & 28.12.2024 (Annexure-4 series) also challenged.¶¶12
Paddy Procurement Committee under the Chairmanship of Collector, Bhadrak (Opposite Party No.4) · 14.11.2024
Prior proceeding
Order dated 24.12.2024 of this Court in W.P.(C) No.29524 of 2024 (Maa Maheswari Women Self Help Group, Subarnapur) clarified/directed that the State Authority shall procure paddy from farmers for Kharif 2024-25 through PACS only for the concerned Paddy Procurement Centres (PPCs).¶¶31
Prior proceeding
Interim order dated 03.01.2025 of this Court: status quo directed with regard to paddy procurement for KMS 2024-25 in respect of Rambhilla G.P. under Bhadrak Block till the next date.¶¶26
Prior proceeding
Same interim order dated 03.01.2025: pendency of the writ petition not to be a bar for the authority concerned to consider the petitioner PACS for assignment of the paddy procurement job for KMS 2024-25.¶¶27
Prior proceeding
Additional affidavit dated 06.02.2025 sworn by Sri Lingaraj Behera, Civil Supplies Officer, Bhadrak (filed by Opposite Party Nos.1 to 4): in obedience to the order dated 24.12.2024 in W.P.(C) No.29524 of 2024, farmers of Rambhila and Charampa Gram Panchayats are selling their paddy through Charampa PACS and procurement is in progress.¶¶34
Prior proceeding
Order dated 11.02.2025 of this Court in this writ petition directed obtaining further instruction whether procurement of paddy through Primary Agriculture Cooperative Societies is restricted to KMS 2024-25 only.¶¶37
Prior proceeding
Additional affidavit dated 13.02.2025 sworn by Sri Lingaraj Behera, Civil Supplies Officer, Bhadrak: pursuant to Clause-2.1 & 2.6 of the Food & Procurement Policy for KMS 2024-25 (issued vide Government letter No.16391 dated 25.10.2024, Annexure-A/4), PACS have been enrolled under Paddy Procurement Operation for KMS 2024-25 only.¶¶38
Prior proceeding
At final hearing, learned counsel for the petitioner submitted that, in view of the interim protection and the facts asserted by the Civil Supplies Officer, Bhadrak, the writ petition stood rendered infructuous as procurement of paddy through PACS is restricted to KMS 2024-25 only.¶¶39

Charampa Pacs (Primary Agriculture Cooperative Society), Bhadrak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Charampa Pacs (Primary Agriculture Cooperative Society), Bhadrak v. State of Odisha

Case brief

What is this about?

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What the court decided

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