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IN THE HIGH COURT OF ORISSA AT CUTTACK
Arindam Sinha, J.
Sudharani Sahoo – Appellant
Versus
Collector, Dhenkanal & Ors. – Respondents
Writ Petition (C) No. 29191 of 2022
Decided On : 14-12-2022
Engagement - Women Self Help Group - The court directed the registration of the petitioner or an explanation for refusal within two weeks, based on the inconsistency in the registration process for paddy procurement.
Fact of the Case:
The petitioner, Secretary of a Women Self Help Group, sought registration for paddy procurement, which was allegedly completed. The court found inconsistency in the registration process and directed opposite party no.1 to consider the petitioner's representation and provide a decision within two weeks.
Finding of the Court:
The court found that the information provided by the Department created doubt on the completion of the registration process, leading to the direction for consideration of the petitioner's representation.
Issues: Inconsistency in the registration process for paddy procurement, refusal of registration, and the timeline for communication of decision.
Ratio Decidendi: The court's decision was influenced by the inconsistency in the registration process and the need for a clear explanation or registration within a specified timeline.
Final Decision: The writ petition was disposed of with a direction for opposite party no.1 to consider the petitioner's representation and provide a decision within two weeks.
JUDGMENT
Arindam Sinha, J. - Mr. Mishra, learned advocate appears on behalf of petitioner, who is Secretary of a Women Self Help Group (WSHG). He submits, opposite party no.6 has been given engagement for acquiring paddy for last three years.
2. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and relies on paragraph 9 in the counter filed. Said paragraph is reproduced below.
'9. That it is further humbly submitted that the registration process for KMS 2022-23 has already been completed since 30.09.2022 and the Opp. Party No.6 in whose favour the area is delineated and the said WSHG is going to procure paddy w.e.f. 28.12.2022 as decided in the District Level Paddy Procurement Committee, therefore, the writ petition has become infructuous.'
3. Mr. Panigrahi, learned advocate appears on behalf of private opposite party no.6 and relies upon his client's counter for disclosure dated 4th December, 2022 at annexure-C. This is information given by Food Supplies and Consumer Welfare Department, Government of Odisha regarding farmer registration status report of Dhenkanal District from 15th July, 2022 to 4th December, 2022.
4. Information obtained from the Department and disclosed as annexure-'C' by opposite party no.6 in its counter creates a cloud on assertion by State in paragraph 9 of the counter. If registration process had already been completed on 30th September, 2022, the Department could not have given information on status report regarding the registration from 15th July, 2022 to 4th December, 2022. In the circumstances, there will be direction upon opposite party no.1 to consider representation dated 11th July, 2022 of petitioner. Said opposite party will either register petitioner or inform her why there cannot be registration. It is made clear, ground for refusal, if petitioner's application is to be refused, must be other than registration completed as alleged in the counter.
5. The registration or refusal must be informed to petitioner within two weeks of communication.
6. The writ petition is disposed of.
The court emphasized the need for transparency and consistency in the registration process for procurement, ensuring that decisions are communicated within a reasonable timeframe.
A public authority must comply with principles of natural justice by providing an opportunity to be heard before issuing orders affecting rights.
The court upheld that the rigid enforcement of registration protocols should not impede farmers' access to sell their produce, affirming the system's purpose to support farmer livelihoods.
Judicial intervention is warranted when technicalities inhibit farmers' access to government procurement systems, emphasizing the welfare objective of agricultural policies.
Authority must comply with the principles of natural justice by providing an opportunity to be heard before making adverse decisions affecting rights previously established.
Exclusion of a party from a procurement process without a hearing violates principles of natural justice and renders the action illegal.
The exclusion of a party from procurement proceedings without a fair opportunity to be heard violates principles of natural justice, and any prior rights must be respected.
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