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2026 Supreme(Ori) 713

ORISSA HIGH COURT : CUTTACK
Ananda Chandra Behera, J.
Maa Subhadra Self Help Group, Bahabalpur & Others - Petitioners
Versus
State of Odisha & Others - Opposite Parties
WP(C) No.2470 of 2026
Decided On : 30-01-2026

Advocates Appeared:
For the Petitioner:Mr. Sadasiva Patra (1), Advocate
For the Opposite Party : Mr. G. Mohanty, Standing Counsel.

The exclusion of a party from a procurement list without a hearing violates principles of natural justice, necessitating reconsideration of such decisions.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ of Mandamus - Writ petition filed challenging exclusion from paddy procurement list - Petitioner-SHG was initially selected but excluded without a hearing, violating principles of natural justice - Collector's decision deemed arbitrary. (Paras 1, 4, 6, and 10)

(B) Natural Justice - Right to be heard - Prior rights created in favor of petitioner necessitate that opportunity for explanation be provided prior to any adverse decision. (Paras 6 and 10)

Facts of the case:
The petitioners, a self-help group, were initially selected for paddy procurement but subsequently excluded from the list without any hearing or justification, impacting their operational rights. (Para 1)

Findings of Court:
The exclusion was arbitrary and quashed, with directions for a fresh decision to be made in compliance with natural justice. (Paras 8, 10, and 11)

Issues: The main questions were whether the exclusion was valid and the necessity of providing a hearing to the petitioner before such exclusion.

Ratio Decidendi: The court emphasized the importance of following natural justice procedures, specifically the right to be heard when rights have been established. (Paras 6 and 10)

Result: Writ petition allowed; the impugned order quashed and directions issued for reconsideration of the exclusion.

Table of Content
1. petitioner's request for paddy procurement eligibility. (Para 1 , 2)
2. need for adherence to procedural fairness. (Para 3 , 7)
3. undisputed documents supporting petitioner's selection. (Para 4 , 5 , 6)
4. court's directive for fresh consideration and justification. (Para 8 , 10 , 11)
5. final disposition of the writ petition. (Para 9 , 12)

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 petitioners praying for quashing the Office Order dated 13.01.2026 under Annexure-7 issued by the Collector, Bhadrak (Opp. Party No.3) relating to the exclusion of the name of the petitioner- SHG from the Annexure-6 as a society/agency for the procurement of paddy of Kharif Marketing Season 2025-26 of Tihidi Block 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 of Tihidi Block 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-SHG is entitled for.

2. The case of the petitioner-SHG 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 reflecting the name of the petitioner-SHG as such, in Serial No.15 of Annexure-3 indicating its PPC Code No.S2040709. Thereafter, as per Office Order dated 18.12.2025 issued by the Collector, Bhadrak (Opp. Party No.3), a training programme was conducted and in such training programme, the members of the petitioner-SHG successfully completed their training and demonstrated their preparedness to procure paddy in compliances with the policy frameworks. Thereafter, on dated 15.12.2025, the authorities distributed paddy procurement equipments to all the selected WSHGs including the petitioner-SHG, to which, the petitioner-SHG received with proper acknowledgments.

The above conduct of the Opp. Parties is clearly clarifying that, petitioner-SHG 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-SHG and the final list of eligible Self Help Groups including the petitioner-SHG for the procurement of paddy for KMS 2025-26 of Tihidi Block was prepared on dated 01.01.2026 as per Annexure-6, but on, i.e. on 13.01.2026, suddenly, the same Collector, Bhadrak (Opp. Party No.3) unilaterally and illegally issued the impugned Office Order vide Annexure-7 excluding the name of the petitioner-WSHG as an agency for the procurement of paddy for KMS 2025-26 behind the back of the petitioner without giving any opportunity of being heard to the petitioner-SHG for the exclusion of its name from the paddy procurement system for KMS 2025-26 and illegally tagged to the registered farmers of the petitioner with Bamanbindha PACS for the paddy procurement for KMS 2025-26 of Tihidi Block.

For which, without, getting any way, the petitioner-SHG filed this writ petition against the Opp. Parties praying for quashing the impugned Letter/Order dated 13.01.2026 vide Annexure-7 issued/passed by the Collector, Bhadrak (Opp. Party No.3) relating to the exclusion of the name of the petitioner-SHG 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 of Tihidi Block in accordance with the notified policy.

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

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