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IN THE HIGH COURT OF ORISSA, CUTTACK
ANANDA CHANDRA BEHERA
Maa Durga, Women Self Help Group, Malda, Boriguma Block, represented through its President, Bhagabati Mali – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request for handling order (Para 1 , 2) |
| 2. opposition's counter on administrative discretion (Para 3) |
| 3. court's observations on merits of petition (Para 4 , 5 , 6) |
| 4. partial allowance of writ petition (Para 7 , 8) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner- WSHG praying for directing the Sub-Collector, Jeypore, Koraput to dispose of the representation dated 09.12.2025 (Annexure-8) of the petitioner-WSHG and also to direct the Opp. Party No.5 (Chief Civil Supplies Officer-Cum-District Manager, Koraput) for the issuance of handling order of the Malda Mandi to the petitioner-WSHG for procurement of paddy for KMS 2025-26 (Kharif) and not to engage any other new SHGS/ LAMPS/Pani Panchayats for handling Malda Mandi during paddy procurement for KMS 2025-26 till the disposal of the representation dated 09.12.2025 (Annexure-8) of the Petitioner and to pass any other order/orders as the Court deems fit and proper.
3. The Opp. Party Nos.3 and 5 have submitted their counter affidavit objecting to the writ petition of the petitioner stating that, mere submission of the representation
The court recognized that the mere submission of a representation does not obligate authorities to act but acknowledged the necessity for timely disposal of the representation by the authorities.
The court directs the timely disposal of the petitioner's representation regarding handling of paddy procurement, affirming the need for administrative accountability without overriding discretion.
Administrative authorities must address representations made by petitioners, emphasizing the need for timely action to avoid injustice.
The court ordered the Sub-Collector to dispose of the petitioner's representation regarding paddy procurement handling, underscoring the obligation to address administrative requests in a timely mann....
The court can direct administrative authorities to dispose of pending representations, ensuring due process is followed but cannot impose decisions outside the scope of the representation.
Timely disposal of representations by administrative authorities is essential, and failure to do so can lead to legal redress. Authorities must consider claims regarding entitlement fairly and transp....
A public authority must comply with principles of natural justice by providing an opportunity to be heard before issuing orders affecting rights.
Exclusion of a party from a procurement process without a hearing violates principles of natural justice and renders the action illegal.
Exclusion from government procurement processes without providing a fair hearing violates principles of natural justice, necessitating reconsideration of such administrative decisions.
Exclusion from administrative benefits without a hearing violates principles of natural justice and is deemed arbitrary, especially when rights have been established.
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