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2026 Supreme(Ori) 168

IN THE HIGH COURT OF ORISSA, CUTTACK
ANANDA CHANDRA BEHERA, J.
Maa Durga, Women Self Help Group, Malda, Boriguma Block, represented through its President, Bhagabati Mali - Petitioner
Versus
State of Odisha & Others - Opposite Parties
WP(C) No.36803 of 2025
Decided On : 09-02-2026

Advocates Appeared:
For the Petitioner:Mr. M.K. Mohapatra, Advocate
For the Opposite Parties : Mr. S. Nayak, ASC

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.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition filed by Women Self Help Group (WSHG) for directives to authorities regarding handling of Malda Mandi for paddy procurement - The writ seeks the disposal of representation made by the petitioner with respect to handling operations for KMS 2025-26, emphasizing the financial implications and existing operational relationships with farmers. (Paras 1-5)

(B) Administrative Discretion - Mere submission of representation does not compel administrative action; decisions can be guided by suitability and administrative needs. (Para 3)

Facts of the case:
The petitioner-WSHG, along with others, sought to continue handling Mandis, submitting representations but faced an administrative decision favoring new entities, raising concerns of financial and operational prejudice.

Findings of Court:
The Sub-Collector, Jeypore is directed to dispose of the petitioner-WSHG's representation within 15 days with an opportunity for a hearing.

Issues: Whether the Sub-Collector's inaction on the representation constitutes grounds for intervention and what directives should be issued.

Ratio Decidendi: The court acknowledged the merit in the petition advocating for a timely decision on the representation while rejecting other broader requests.

Result: Writ petition allowed in part.

Table of Content
1. representation regarding handling of malda mandi. (Para 1 , 2)
2. authority's stance on representation submissions. (Para 3)
3. court's partial acceptance of the writ petition. (Para 4 , 5 , 6)
4. direction to dispose of representation within 15 days. (Para 7 , 8)

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

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.

2. The case of the petitioner-WSHG is that, the petitioner- WSHG along with 24 other WSHG were handling their respective village Mandis during 2025 Rabi procurement season under Jeypore RMC sub-Division. They (petitioner) along with all 24 WSHGs gave representations on dated 09.12.2025 to the sub-Collector, Jeypore to allow them to handle their respective village Mandis as before during procurement for KMS 2025-26 (Kharif season). The annexure- 8 dated 09.12.2025 is the presentation of the petitioner before the Sub-Collector, Jeypore. All the representations including Annexure-8 of the petitioner-WSHG were published in the daily newspapers as per Annexure-9 to draw the attention of the farmers as well as the higher authorities. In the meantime, though the authorities finalized the handling of other village Mandis with some Pani Panchayats and LAMPS, but, they did not give the handling order of the village Mandi to the petitioner-WSHG, though, the farmers of the operational area of its village Mandi have already been received their registration codes, token numbers with reflection of the date of procurement of paddy from last week of December-2025 to last week of Jan-2026 along with place of Mandi, without indicating the exact date and time for the same. For which, the petitioner is very much apprehensive. Till yet, the authorities are not finalizing the handling of Malda Mandi in favour of the petitioner-WSHG with some malafide political vendetta. Therefore, the action of the authorities more specifically Opp. Party No.5 and 6 for not finalizing the handling of Malda Mandi in favour of the petitioner-WSHG is highly illegal. For which, necessary direction is required to be given to the Opp. Parties to finalize the handling of Malda Mandi in favor of the petitioner-WSHG. The petitioner-WSHG has already incurred expenditures, Mobilizing the farmers and purchasing required materials for handling such Mandi. If the handling of Malda Mandi shall not be given to the petitioner- WSHG and if the same will be given to any other LAMPS/PAC, then, the petitioner-WSHG shall sustain serious financial loss and shall be prejudiced. For which, without getting any way, the petitioner-WSHG approached this Court by filing this writ petition praying for directing the Opp. Parties to allow the petitioner-WSHG for handling the Malda Mandi for procurement of paddy for KMS 2025-26 and not to engage/select any other new LAMPS/PAC to handle that Mandi.

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 does not bind the authorities, nor does it override administrative decisions of the same in accordance with the policy. The engagement of LAMPS/Pani Panchayats in certain areas for certain Mandis have been made on the basis of suitability and administrative exigency. Th

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