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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Omm Baba Sanideb WSHG represented, through its Secretary, Sabita Behera, District-Bhadrak – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner was wrongfully excluded from procurement. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. failure to provide a hearing violates natural justice. (Para 7 , 8) |
| 3. court emphasizes the importance of compliance with natural justice. (Para 9 , 10 , 11) |
| 4. writ petition allowed; previous order quashed. (Para 12 , 13 , 14 , 15) |
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- Omm Baba Sanideb WSHG praying for quashing the Office Order dated 03.01.2026 under Annexure-9 issued by the Collector, Bhadrak (Opp. Party No.4) relating to the exclusion of the name of the petitioner-WSHG from the Annexure-8 as a society/agency for the procurement of paddy of Kharif Marketing Season 2025-26 and to declare the action of the Opp. Parties relating to the exclusion of the name of the petitioner for the procurement of paddy for KMS 2025-26 as arbitrary and illegal and issue a Writ of Mandamus directing the Opp. Parties to allow the petitioner-WSHG to procure Paddy for KMS 2025-2026 in accordance with the notified policy along with other reliefs, to which, the petitioner-WSHG is entitled for.
2
Exclusion from administrative decisions must comply with natural justice, ensuring the affected party is given a fair chance to respond before adverse actions are taken.
The exclusion of a party from procurement proceedings without a fair opportunity to be heard violates principles of natural justice, and any prior rights must be respected.
Authority must comply with the principles of natural justice by providing an opportunity to be heard before making adverse decisions affecting rights previously established.
Exclusion of a party from a procurement process without a hearing violates principles of natural justice and renders the action illegal.
Exclusion from administrative benefits without a hearing violates principles of natural justice and is deemed arbitrary, especially when rights have been established.
Exclusion from government procurement processes without providing a fair hearing violates principles of natural justice, necessitating reconsideration of such administrative decisions.
Administrative decisions affecting rights must adhere to principles of natural justice, requiring an opportunity for the affected party to be heard before exclusion or adverse action.
Administrative decisions affecting rights must observe principles of natural justice, including providing an opportunity to be heard.
The exclusion of a party from a procurement list without a hearing violates principles of natural justice, necessitating reconsideration of such decisions.
Exclusion from a procurement list without a hearing or reason violates principles of natural justice, rendering the action arbitrary.
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