Disposed¶26

Sumati Sahoo v. State of Odisha

Orissa HC6 Apr 2026WP(C)/5810/2026

Case brief

AI extract

What is this about?

Ration card denial; fair price commodity stoppage; National Food Security Act 2013; State Food Security Scheme; NFSA; grievance redressal Rule-2 (b) Rule-10; Food Supplies & Consumer Welfare Department notification; joint family pucca house three rooms; individual share of occupant; Bhogarai/Bhograi Block Balasore; BDO representation 16.11.2016; ration card 02042212794 issued 26.10.2015; writ petition disposed without relief; six weeks to file grievance; local inquiry; 10-year delay; Sumati Sahoo v State of Odisha; High Court of Orissa Cuttack 2026.

What did the court decide?

No substantive relief on merits; petitioner given liberty to raise her grievance before the authority under the grievance redressal provision (Rule-2 (b) read with Rule-10) within six weeks, for consideration per prevailing law/Rules/guidelines with local inquiry.

Sumati Sahoo Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner and her family remain entitled to fair price commodities / a ration card despite the purported ground of stoppage (that they live in a 'pucca' house with three rooms), given her submission that she lives in one room of a joint family house property. +1 more

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Ratio / Principle

In the considered opinion of this Court, the applicable guidelines do not suggest any such exercise (identification of the individual share of an occupant of a joint family dwelling house to determine entitlement to fair price commodity) that can be undertaken.

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Key takeaways

Since no such determination is possible under the guidelines, the writ petition is disposed of, there being no possibility of the petitioner being granted any relief.ratio¶26
The petitioner is given liberty to approach the authority in accordance with the Food Supplies & Consumer Welfare Department notification (grievance redressal as defined in Rule-2 (b) read with Rule-10); if so advised, she shall file/raise her grievance within six weeks, and upon such filing it shall be considered in accordance with prevailing law, Rules and relevant guidelines, with the authority satisfying itself by making local inquiry through any of its officers.ratio¶28
It is clarified that this Court has not expressed any opinion regarding the claims of the petitioner as stated in the writ application or the grievance that would be raised before the appropriate authority for consideration.

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.5810 of 2026, High Court of Orissa, Cuttack, Justice Mruganka Sekhar Sahoo, order dated 06.04.2026) concerning denial of fair price commodities and a ration card under the National Food Security Act, 2013 read with the State Food Security Scheme, DISPOSED OF WITHOUT RELIEF. The Court held (ratio) that the applicable guidelines do not contemplate any exercise of identifying the individual share of an occupant of a joint family dwelling house (with more than three rooms) so as to determine entitlement to fair price commodity; hence no relief was possible in writ jurisdiction. Petitioner, who had been told by the fair price shop-dealer in November 2016 that she was not entitled to commodities (though a ration card, No. 02042212794, had been issued on 26.10.2015) and whose representation to the BDO, Bhograi (16.11.2016) had not resolved the matter, was given liberty to raise a grievance before the authority under the grievance redressal provision (Rule-2 (b) read with Rule-10) within six weeks, to be considered with local inquiry. The Court expressly expressed no opinion on her claims. Delay of about 10 years in approaching the Court was noted. No precedent cases were cited.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.5810 of 2026

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Sumati Sahoo

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…. Petitioner

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Ms. A. Mishra, Advocate

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-versus-

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State of Odisha and others …. Opp. Parties

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Mr. P.K. Mohanty, ASC

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CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

06.04.2026

( Hybrid Mode )

Order No.

02. 1. The petitioner is before this Court challenging the denial of fair price commodity to her as well as denial of ‘ration card’ under the National Food Security Act, 2013 read with State Food Security Scheme.

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2. It is stated in the petition that the petitioner and her family members of eight persons, residing in a village under the Bhogarai Block in the district of Balasore, were issued ration card bearing number 02042212794 on 26.10.2015. Thereafter, the petitioner was informed by the fair price shop-dealer in November, 2016 that she and her family are not entitled to receive commodities from fair price shop.

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Page 1 of 4

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Noticeably the petitioner has approached this Court after 10 years.

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3. On being asked it is submitted by the learned counsel for the petitioner that the petitioner had approached the Block Development Officer, Bhograi by representation dated 16.11.2016.

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4. Learned counsel for the petitioner was heard at some length.

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5. It is submitted that the purported ground of stoppage of fair price commodity to the petitioner and her family is that they live in a ‘pucca’ house which has three rooms. It is submitted that the said fact indicated by the authority is not correct as the petitioner lives in one of the rooms in a joint family house property.

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6. It is further submitted by the learned counsel for the petitioner that the petitioner has never been informed any cause why ‘ration card’ has not been declined.

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The learned counsel for the petitioner again reiterates her submission as noted in earlier order dated 05.03.2026 that the petitioner stays in a joint family property which has definitely more than three rooms but that does not disentitle her from getting commodity (ies) from fair price shop.

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Page 2 of 4

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7. In view of the above submissions, it has to be considered whether this Court in exercise of writ jurisdiction can decide: that living in a joint family, in the dwelling house of the joint family as stated by the petitioner, which has more than three rooms can result in a situation where the individual share of the occupant will be identified by the authority and accordingly the entitlement for fair price commodity.

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In considered opinion of this Court the guidelines do not suggest any such exercise that can be undertaken.

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8. Accordingly, the writ petition is disposed of there being no possibility of petitioner being granted any relief.

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9. However, the petitioner shall have liberty to approach the authority in accordance with the Food Supplies & Consumer Welfare Department notification which has a provision for grievance redressal as defined in Rule-2 (b) read with Rule-10.

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10. The petitioner, if so advised, shall file/raise her grievance before the authority within six weeks. Upon filing of such grievance application, the same shall be considered in accordance with the prevailing law, Rules and relevant guidelines. The authority shall satisfy itself by making local inquiry through any of its officer.

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Page 3 of 4

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11. It is further clarified that this Court has not expressed any opinion regarding the claims of the petitioner as stated in the writ application or the grievance that would be raised before the appropriate authority for consideration.

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(Mruganka Sekhar Sahoo)

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Judge

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Rajesh

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Signature Not Verified

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Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: OHC Date: 10-Apr-2026 15:41:43

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Page 4 of 4

Sumati Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sumati Sahoo v. State of Odisha

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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