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
| 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
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....
Engagement of Self Help Groups for supply of Take Home Ration is governed by administrative guidelines, and lack of renewal does not constitute an enforceable right, nor does it require a prior notic....
The court determined that the decision to rescind the Petitioner’s contract violated natural justice by not providing an opportunity to respond to allegations, necessitating adherence to procedural g....
The court reinforced that compliance with procedural directives is mandatory in selection processes, emphasizing the principles of natural justice and fair hearing.
Administrative actions affecting rights must adhere to natural justice principles, ensuring affected parties are given a fair opportunity to be heard before decisions are made.
Compliance with food safety regulations, including the requirement for a food license under section 31 of the Food Safety and Standards Act, 2006, is essential for engaging in food business.
Terms of the impugned tender run contrary to PUCL as well as the policy framed by the Government of India.
The engagement of a suitable self-help group for supplying THR must justify the exclusion of previously recommended candidates based on rational and documented criteria.
The central legal point established in the judgment is the requirement of a food license under the Food Safety and Standards Act, 2006 for engaging in food business.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.