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2026 Supreme(Ori) 97

IN THE HIGH COURT OF ORISSA AT CUTTACK
MRUGANKA SEKHAR SAHOO, J.
M/s. Jai Maa Tarini Food Products, Bolangir - Petitioner
Versus
State of Odisha and others – Respondent
W.P.(C) No. 3981 of 2026
Decided on : 05-02-2026

Advocates Appeared:
For the Petitioner:Mr. K.K. Patel, Advocate
For the Respondent:Mr. D.N. Lenka, Addl. Government Advocate

Court upheld government guidelines extending CMR delivery dates, preventing coercive actions against the petitioner during compliance with such regulations.

Headnote:(A) Food Security Ordinance - Custom Milled Rice (CMR) delivery guidelines - The Government's extension for CMR milling and delivery to the Central Pool until 30.04.2026 was affirmed to prevent coercive actions against the petitioner, ensuring compliance with stipulated conditions outlined by both the State and Central Governments. (Paras 4-8)

(B) Judicial Review - The court emphasized that no coercive measures shall be taken against the petitioner against the background of the government's extended deadlines. (Paras 8)

Facts of the case:
The petitioner, a Custom Miller of Rice, sought protection from potential invocation of a bank guarantee amid concerns over a verification visit by officials. The court acknowledged the absence of any current coercive threat concerning the bank guarantee. (Paras 2-3)

Findings of Court:
The court instructed that governmental authorities adhere to the terms of the guidelines issued regarding CMR and refrained from taking coercive action until the specified date. (Paras 8)

Issues: The primary issue concerned the potential invocation of a bank guarantee amid the government's extension of the CMR delivery deadline. (Para 2)

Ratio Decidendi: The court’s ruling highlighted that the administrative guidelines from the government must be enforced strictly, allowing the harvest miller to operate without fear of undue pressure from government actions until the extended deadline passes. (Para 8)

Result: Writ petition disposed of.

Table of Content
1. petitioner's concerns regarding bank guarantee. (Para 1 , 2)
2. assurance from government advocate on no threat to guarantee. (Para 3 , 4 , 5)
3. extension of milling and delivery period for cmr. (Para 6 , 7)
4. court's directive on compliance with government policy. (Para 8)
5. conclusion and disposal of writ petition. (Para 9)

JUDGMENT :

MRUGANKA SEKHAR SAHOO, J.

1. The matter though in the list could not reach, the learned counsel for the petitioner mentioned the matter and it is taken up.

The matter is listed for fresh admission, on consent of the learned counsel for the parties the matter is finally heard and disposed of. In view of the judgment and order that is to be passed notice to the other opposite parties is not issued. In considered view of this Court the judgment and order shall not prejudice the opposite parties no.2 and 6.

2. The petitioner is a Custom Miller of Rice. He has approached this Court apprehending invocation of bank guarantee that was furnished before the opposite party no.4-CSO, Balangir. The bank guarantee is furnished through Bank of India, Patnagarh (O.P. No.6). It is submitted by the learned counsel for the petitioner that the squad of officials constituted by the Opposite Party No.4, Civil Supplies Officer, Balangir have visited for physical verification of the premises of the rice milling unit for which the petitioner apprehends coercive action.

3. Upon advance copy served, the learned Additional Government Advocate appears and waives notice on behalf of the opposite parties no.1, 3, 4 and 5. It is submitted by the learned Additional Government Advocate that there would be no threat regarding invocation of bank guarantee as suggested in the writ application.

4. The learned Additional Government Advocate refers to Annexure-3 to the writ application i.e. office letter dated 31.12.2025 issued by the Department of Food Supplies and Consumer Welfare, Odisha to all Collectors.

In the above letter issued Govt. of Odisha the following has been directed:-

“xxx that the Department of Food and Public Distribution (DFPD) has extended the period for milling of paddy and delivery of Custom Milled Rice (CMR) into the Central Pool up to 30.04.2026 for Kharif and Rabi crops of KMS 2024-25.

It may further be ensured that the delivery of CMR for KMS 2024-25 does not overlap with the CMR delivery of KMS 2025-26. However, mills may be allowed to deliver CMR for KMS 2025-26 into the Central Pool after they have completed 100% of CMR delivery for KMS 2024-25. The delivery of CMR shall be made strictly as per the approved cost sheet and FAQ specifications prescribed for KMS 2024-25. xxx”

5. Learned counsel for the petitioner as well as learned Additional Government Advocate converge on the aspect that the letter by Government dated 31.12.2025 has been issued to all Collectors along with the CSOs throughout the State, Managing Director, OSCSC Ltd., Bhubaneswar.

6. Perusal of said letter issued by the Government indicates that period of milling of paddy and delivery of custom milled rice (CMR) for the kharif main season 2024- 25 has been extended to 30.04.2026. Pursuant to the said letter the petitioner has also filed representation dated 30.01.2026 before the opposite party no.3-Collector which seems to be in the nature of abundant caution.

7. This Court also takes notice of the letter of the Government of India, Ministry of Consumer Affairs, Food and Public Distribution dated 31.12.2025, part of Annexure-3. The relevant direction/ guidelines are reproduced herein:

“xxx refer to the State Govt. of Odisha’s letters No.20619-PT2 & 21885/FSCW-PL-PRC-0009-2017 dated 06.12.2025 & 26.12.2025 respectively, and to convey the approval of the Government of India for extension of period for milling of paddy and delivery of Custom milled Rice (CMR) into the Central Pool up to 30.04.2026 for both Kharif and Rabi crops of KMS 2024-25.

2. State Govt. is requested to ensure that CMR delivery for KMS 2024-25 does not overlap with the

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