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2026 Supreme(Ori) 574

ORISSA HIGH COURT : CUTTACK 
ANANDA CHANDRA BEHERA, J.
Maa Tarini SHG, Sahapur, represented through its Secretary – Petitioner
Versus
State of Odisha & Others - Opposite Parties
WP(C) No.2051 of 2026  
Decided On : 30-01-2026

Advocates Appeared:
For the Petitioner:Mr. S.K. Dalei, Advocate
For the Opposite Parties : Mr. G. Mohanty, Standing Counsel

Exclusion from a procurement list without a hearing or reason violates principles of natural justice, rendering the action arbitrary.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition filed to quash the exclusion of a society from paddy procurement list - The petitioner was selected as a procurement society but excluded without reasons or a hearing - Court holds this action arbitrary and illegal. (Paras 1, 5, 9)

(B) Fairness in Administrative Action - The principle of natural justice mandates that no entity should be deprived of their rights without a fair hearing - The absence of a show-cause notice or opportunity to be heard renders the exclusion unlawful. (Paras 5, 9)

Facts of the case:
The petitioner was selected as a paddy procurement society for the Kharif Marketing Season 2025-26 but was excluded without notice or reason shortly thereafter. Training for procurement was completed by the society's members.

Findings of Court:
The court found merit in the petition and ruled that the exclusion was made arbitrarily without adhering to the principles of natural justice, thus ruling in favor of the petitioner.

Issues: The main issues were the lack of proper procedure in relation to the exclusion of the petitioner from the procurement process and the legal rights created through their selection.

Ratio Decidendi: The court emphasized the necessity of providing a fair hearing and justifying actions taken against parties that have certain established rights based on prior administrative decisions, highlighting a breach of natural justice.

Result: The writ petition is allowed and the exclusion is quashed.

Table of Content
1. quashing of exclusion of petitioner-wshg. (Para 1 , 2)
2. acknowledgment of training and selection process. (Para 3 , 4)
3. lack of opportunity to be heard before exclusion. (Para 5 , 6)
4. decision to quash and provide fresh hearing. (Para 7 , 9)
5. writ petition disposed of with directions. (Para 8 , 10)

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- Maa Tarini-WSHG praying for quashing the Office Order dated 07.01.2026 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 Tihidi Block 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-WSHG for the procurement of paddy of Tihidi Block 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 of Tihidi Block in accordance with the notified policy along with other reliefs, to which, the petitioner-WSHG is entitled for.

2. The case of the petitioner-WSHG is that, as per the decision of the District Level Paddy Procurement Committee (DLPC) for KMS 2025-26, the petitioner-WSHG was selected as a paddy procurement society/agency of Tihidi Block indicating the name of the petitioner-WSHG, in Serial No.153 of Annexure-3 with its PAC Code No.S2040712. Thereafter, as per Office Order dated 11.12.2025 and 18.12.2025 issued by the Collector, Bhadrak (Opp. Party No.4), a training programme was conducted and in such training programme, the members of the petitioner-WSHG successfully completed their training and demonstrated their preparedness to procure paddy in compliances with the policy frameworks.

The above conduct of the Opp. Parties clearly clarifying that, petitioner-WSHG was fully equipped in its all respect for the procurement of paddy for KMS 2025-26 of Tihidi Block. Nodal Officer was also duly appointed for the smooth progress of the paddy procurement system by the petitioner-WSHG and the final list of eligible Women Self Help Groups including the petitioner-WSHG for the procurement of paddy for KMS 2025- 26 of Tihidi Block was prepared on dated 02.01.2026 as per Annexure-8, in which, the name of the petitioner-WSHG was in Sl. No.48, but on 07.01.2026, suddenly, the same Collector, Bhadrak (Opp. Party No.4) unilaterally and illegally issued the impugned Office Order vide Annexure-9 excluding the name of the petitioner-WSHG as an agency for the procurement of paddy for KMS 2025-26 of Tihidi Block behind the back of the petitioner without assigning any reason and without giving any opportunity of being heard to the petitioner-WSHG for the exclusion of its name from the paddy procurement system for KMS 2025-26.

For which, without, getting any way, the petitioner filed this writ petition against the Opp. Parties praying for quashing the impugned Letter/Order dated 07.01.2026 vide Annexure-9 issued/passed by the Collector, Bhadrak (Opp. Party No.4) relating to the exclusion of the name of the petitioner-WSHG as an agency for the procurement of paddy for Kharif Marketing Season 2025-26 of Tihidi Block and to declare the action of the Opp. Parties as arbitrary and illegal and to issue a Writ of Mandamus against the Opp. Parties directing the Opp. Parties to allow the petitioner-WSHG to procure the paddy for KMS 2025-2026 in accordance with the notified policy.

3. I have already heard from the learned counsel for the petitioner & learned Standing Counsel for the State.

4. The undisputed documents relied by the petitioner vide Annexures-1 to 8 are going to show that, the petitioner was selected as a paddy procurement society /agency for KMS 2025-26 of Tihidi Block in the District of Bhadrak and its PAC Code No. was S2040712 and accordingly, as

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