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2025 Supreme(Ori) 838

IN THE HIGH COURT OF ORISSA AT CUTTACK 
MANASH RANJAN PATHAK, MRUGANKA SEKHAR SAHOO, JJ.
 
Maa Budhimangala SHG, Kendrapara - Appellant 
Versus
State of Odisha & Another – Respondent 
W.A. No. 3295 of 2024
Decided On : 24-09-2025

Advocates Appeared:
For the Appellant : Mr. Manoj Ku. Mohanty,
For the Respondents: Mr. Prem Ku Mohanty, Addl. Standing Counsel.

A Self-Help Group's claim of unfair supply discontinuation was dismissed as they failed to comply with contract terms, affirming the authority of the Child Development Project Officer in this context.

Headnote:(A) Relevant regulations regarding Take Home Ration (THR) distribution - Self-Help Group (SHG) contract and authority of Child Development Project Officer (CDPO) - Appellant SHG claimed it was unfairly debarred from supply; however, the court found no merit as the contract's stipulations were not met and the authority of the DSWO to issue notices was upheld. (Paras 1-14)

(B) Contract Law - Interpretation of Agreement - The court ruled that the agreement terms clearly define the responsibilities and timelines; thus, failure to comply resulted in no prejudice to the appellant. (Paras 11-14)

Facts of the case:
Appellant SHG challenged the discontinuance of supply of THR, asserting that their explanations were ignored and that the CDPO lacked authority to stop the supply.

Issues: The principal issues included the authority of CDPO in stopping supply, adherence to contract terms, and the adequacy of opportunity for the appellant to address grievances.

Findings of Court:
The court found substantive factual disputes were raised, but upheld the decision to discontinue supply based on contract compliance.

Ratio Decidendi: The court concluded that the appellant failed to meet contract deadlines, rejecting claims of potential loss from discontinued supply as unsubstantiated.

Result: Writ appeal dismissed, confirming the order of the learned Single Judge.

Table of Content
1. appellant challenges prior court ruling. (Para 1 , 2)
2. disputes over authority and procedure raised. (Para 3 , 4)
3. court reviews contractual obligations. (Para 5 , 6)
4. termination of contract is clarified. (Para 8 , 9)
5. opportunity for hearing considered. (Para 10 , 11)
6. lack of compliance with contract terms identified. (Para 12 , 13)
7. writ appeal dismissed; ruling confirmed. (Para 14)

JUDGMENT :

MRUGANKA SEKHAR SAHOO, J.

1. The appellant, a Self-Help Group (SHG) has been preparing and supplying Take Home Ration (THR) ‘Chhatua’ to different specified Anganwadi Centres under Rajnagar Block in the district of Kendrapara, it challenges the judgment dated 13th November, 2024 passed by the learned Single Judge in W.P.(C) No.27865 of 2024.

2. Pursuant to our order dated 19th September, 2025, the English translation of the Annexures-4, 5, 6 and 7 in the writ petition which are in vernacular ‘Odia’ either handwritten or typed, have been made, typed and furnished before this Court by memo dated 22nd September, 2025, the same are taken on record.

3. It is submitted by the learned counsel for the appellant that while passing the order as at Annexure-6 to the writ petition (which is also annexed to the writ appeal i.e. order dated 5th November, 2024, of which English translation has made available), issued by the respondent-Child Development Project Officer (CDPO), the show-cause furnished by the appellant-SHG regarding non-supply of THR has not been taken into account. The second submission made by the learned counsel for the appellant is that the CDPO/DSWO are not the authority whereas the Collector is the authority to pass such order for discontinuance of the ‘supply order’ issued earlier by order dated 15.07.2024 by the District Social Welfare Officer (DSWO).

4. Considering that, the substantial factual disputes have been raised by the petitioner-appellant in the writ petition, we have heard learned counsel for the appellant at length regarding contract/agreement entered between the parties i.e. between the appellant-implementing agency and the Child Development Project Officer, Rajnagar acting on behalf of the Government of Odisha dated 1st June, 2023, signed by the President of the appellant-Self Help Group and the Child Development Project Officer (CDPO) on behalf of Government of Odisha, for supply of THR ‘Chhatua’.

5. Thereafter, during course of hearing of the appeal, we have referred to the order dated 26th April, 2024 issued by the District Social Welfare Officer, after the period of THR supply contract was over. The DSWO intimated the order of the Collector, extending the approval of all THR units, till end of Model Code of Conduct imposed for the General Elections for preparation and distribution of Take Home Ration (THR) and upto selection of new ration provider/SHG.

We have also considered the Annexure-4 to the writ petition also part of the writ appeal i.e. the show- cause notice (of which the English translation has been submitted) dated 4th November, 2024 as well as show- cause reply dated 05.11.2024 of which English Translation has been filed.

6. Further, we have perused and considered the judgment passed by the learned Single Judge. The paragraphs-2, 3, 4 and 5 relevant for the present adjudication are reproduced herein:-

“2. In assailing the Annexure-6, Mr. Manoj Kumar Mohanty, learned counsel for the petitioner submits that the petitioner is a recognized WSHG, who has entered into an agreement to prepare and supply different ration under Take Home Ration (THR) scheme to different Anganwadi Centers under 22 Gram Panchayats (GPs) of Rajnagar Block w.e.f. 01.04.2023 for one year closing on 31.03.2024, but such agreement to supply the dry ration of the petitioner-WSHG was extended by DSWO on 15.07.2024 till selection of new SHG, however, in the midst of such arrangement, the petitioner-WSHG received one show cause notice from DSWO on 04.11.2024 to explain as to why it has not supplied the ration under MS

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