Orissa High Court
Maa Durga Women Self vs State Of Odisha & on 16 May, 2024
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P.(C) No.9218 of 2024
Maa Durga Women Self
Help Group, Koraput ....... Petitioner
-Versus-
State of Odisha &
Ors. ....... Opposite Parties
For Petitioner : Mr. M.K. Mohapatra,
Advocate
For Opposite Party
Nos. 1 & 3-5 : Mr. B. Panigrahi,
ASC
For Opposite Party No.2 : Mr. D.P. Das,
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
___________________________________________________________
Date of Hearing and Judgment: 16.05.2024
___________________________________________________________
S.K. MISHRA, J.
1. In view of the urgency shown by the learned Counsel for the Petitioner, pursuant to order dated 18.04.2024 so also dated 08.05.2024, Mr. Panigrahi, learned Additional Standing Counsel for the State files photocopy of the instruction received from the Opposite Party No.5 CCSO-cum-District Manager, Odisha State Civil Supplies Corporation Ltd, Koraput (Jeypore Unit) vide letter dated 03.05.2024, addressed to the Office of the learned Advocate General, Cuttack. The same is accepted as stand of the State Opposite Parties and taken on record.
2. As the issue involved in the present writ petition is procurement of paddy (Rabi Crop) for the KMS 2023-24 which is going to start shortly and will continue for about a month only, on consent of the learned Counsel for the parties, the matter is taken up for hearing and final disposal
3. The grievance of the Petitioner is, it being Women Self Help Group (WSHG), Opposite Party No.5 i.e. Chief Civil Supplies Officer-cum-District Manager, Koraput, is not issuing mandi handling orders in favour of the Petitioner-WSHG for handling Kanagaon Mandi for procurement of paddy for the year 2023-24 Rabi season, though the said aspect has already been clarified by this Court vide order dated 17.10.2023 passed in I.A. No.16245 of 2023, arising out of W.P.(C) No.27925 of 2023.
4. The brief background facts, which led for filing of the writ petition, are that the Opposite Party No.2 i.e. Odisha State Civil Supplies Corporation (in short Corporation) has been entrusted with the job of procurement of paddy from farmers in the State of Odisha. The Corporation engages agents in various market yards known as "Mandis" for the said purpose of procurement in Kharif and Rabi season. Previously it was done Page 2 of 13 by Large Agricultural Multi Purpose Co-operative Societies (LAMPS). Now the State Government, for the upliftment of women, encouraged constitution of WSHG, which were constituted as per guidelines of Mission Shakti. The Director of Mission Shakti proposed for participation of WSHGs for paddy procurement in some districts, including Koraput district.
5. The Petitioner-WSHG, which functions at Konagaon under Boriguma Block of Koraput district, was formed since 2018 and operating since then in the field of distribution of PDS commodities through a Fair Price Shop set up by the Government of Odisha to the villagers of Konagaon, having Code No 2003W199. For such activities, the said WSHG has been financially supported by the State Government from time to time.
6. The Petitioner applied for paddy procurement in respect of Konagaon Mandi for the procurement year 2023-24. Vide letter dated 26.07.2023 the name of the Petitioner along with three WSHGs were recommended and sent for enquiry by the Chief Civil Supplies Officer-cum-District Manager (O.P. No.5) to the District Social Welfare Officer, Koraput (O.P. No.4). Pursuant to the said letter of the CSO, Koraput (O.P. No.5), the DSWO, Koraput (O.P.No.4) submitted a report vide letter dated 01.09.2023 with a positive remark recommending four WSHGs' Page 3 of 13 name for respective mandis in their respective places of address, where Petitioner's name finds place at serial no- 2 for Konagaon Mandi.
7. When the matter stood thus, one Gayatri WSHG, Digapur approached this Court in W.P.(C) No. 27925 of 2023 challenging the recommendation of name of one Sunadei WSHG, Ghosora in respect of Digapur Mandi under Kundura Block, whose name was at serial 3 in the list dated 26.07.2023.
8. Since in the said writ petition, the Petitioner i.e. Gayatri WSHG, was only concerned with the Digapur Mandi under Kundura Block, at serial-3 of the said order dated 01.09.2023, as the impugned letter contained the name of the present Petitioner i.e. Maa Durga Konagaon WSHG, at serial 2, in respect of Konagaon Mandi under Boriguma Block, the Authority concerned mis-interpreted the interim order of this Court dated 29.08.2023 passed in W.P.(C) No. 27925 of 2023 and did not proceed further with the selection of Petitioner WSHG in terms of the report dated 01.09.2023 of the Opposite Party No.4. Hence, the Petitioner intervened in W.P.(C) No.27925 of 2023 by filing I.A. No 16245/2023 with a prayer to clarify the said order dated 29.08.2023. On being so approached, vide order dated 17.10.2023, this Court ordered that pendency of the said writ Page 4 of 13 petitioner shall not be a bar to allow the interveners/ applicants to handle their Mandies for paddy procurement operation for the year 2023-24, if they are otherwise eligible in terms of the relevant Guidelines.
9. After obtaining the certified copy of the said order passed by this Court, the Petitioner submitted the same before the Authorities, including the Collector, Koraput. Thereafter, the Collector, Koraput, vide letter dated 22.11.2023 referred the matter to the District Level Procurement Committee (DLPC) chaired by District Social Welfare Officer, Koraput (O.P. No.4), where the matter was placed and a decision was taken by the DLPC resolving participation of WSHGs in the next season of paddy procurement. The Petitioner-WSHG was informed about the decision of the Committee by the O.P.-4 vide letter dated 24.11.2023.
10. While the matter stood thus, the State Government came up with the letter dated 20.02.2024 for farmers registration for procurement of paddy (Rabi Crop) for KMS 2023-24 addressed to Collectors of some districts, including Koraput district. The procurement of paddy (Rabi Crop) will start from 01.05.2024 and will close on 30.06.2024 in terms of the said communication made by the Principal Secretary to Government, Page 5 of 13 Government of Odisha Food Supplies & Consumer Welfare Department.
11. Thereafter the District Social Welfare Officer, Koraput (O.P.No.4) wrote a letter to the Chief Civil Supplies Officer-cum- District Manager, Jeypore, Koreput (O.P.No.5) regarding participation of the WSHGs, including the Petitioner-WSHG, vide letter dated 26.02.2024. Even after issuance of the said letter, as the O.P.No.5 did not issue any order regarding handling of mandi in favour of the Petitioner-WSHG, it along with another WSHG, which also stands in similar footing, filed a representation jointly on 13.03.2024 before the O.P No.5 ventilating their grievances with a copy to O.P No.4, specifically mentioning therein about the action of the Authorities, more particularly O.P No.5, reminding about the intimation given to him vide letter dated 24.11.2023 by the District Social Welfare Officer, Koraput (O.P.No.4). It was indicated in the said representation that though registration has started from 01.03.2024 and will continue up to 16.03.2024, but the Authorities are not giving any heed to the representation of the Petitioner dated 13.03.2024 despite clarificatory order passed by this Court.
12. Heard Mr. M.K. Mohapatra, learned Counsel for the Petitioner so also Mr. B. Panigrahi, learned Additional Standing Page 6 of 13 Counsel for the State and Mr. D.P. Das, learned Counsel for the Opposite Party No.2-Corporation.
13. Mr. Mohapatra, drawing attention of this Court to the order dated 17.10.2023 passed in I.A. Nos. 15731, 16245 & 16508 of 2023, arising out of W.P.(C) No.27925 of 2023 submits, this Court vide the said order clarified that pendency of the said writ petition shall not be a bar to allow the present Petitioner, who was the Intervenor/Applicant, to handle the concerned Mandi. Paras 3 to 6 of the said order dated 17.10.2023, being relevant, are extracted below for ready reference:-
"3. Mr. S.K. Samantaray, learned Counsel for the Intervener/Applicant in I.A. No.15731 of 2023 and Mr. M.K. Mohapatra, learned Counsel for the Interveners/ Applicants in I.A. Nos.16245 & 16508 of 2023 are present and draw attention of this Court to the Enquiry Report dated 01.09.2023 submitted by the District Social Welfare Officer, Koraput appended to I.A. No.16245 of 2023 as Annexure-I/3 and submit, though the Interveners/ Applicants, who are the SHGs namely Gudi Thakurani S.H.G., Maa Durga Self Help Group and Padmalaya Self Help Group have been selected for paddy procurement operation for other Mandies other than Digapur Mandi, but due to pendency of the present Writ Petition, their cases are not being considered to handle the Mandies as detailed in the Enquiry Report dated 01.09.2023.
4. Learned Counsels for the Interveners/Applicants further submit, these Applications for Interventions have Page 7 of 13 been filed by their clients for the limited purpose i.e. for clarification as to pendency of the present Writ Petition shall not be a bar to consider their case to handle the Mandies as has been reported by the District Social Welfare Officer, Koraput.
5. Learned Counsel for the Petitioner has no objection to the clarification sought for by the present Interveners/ Applicants.
6. Accordingly, it is clarified that pendency of the present Writ Petition shall not be a bar to allow the Interveners/Applicants to handle their Mandies as detailed above, for paddy procurement operation for the year 2023-24, if they are otherwise eligible in terms of the relevant guidelines."
(Emphasis Supplied)
14. Mr. Mohapatra, drawing attention of this Court to letter dated 24.11.2023 of the District Social Welfare Officer, Koraput, as at Annexure-6 submits that vide the said letter, the Petitioner-WSHG along with two other WSHGs were intimated that as per the decision of DLPC, it has been resolved regarding their participation in next season of paddy procurement. Thereafter the Principal Secretary to Government, Food Supplies & Consumer Welfare Department issued letter dated 20.02.2024 to the Collectors of concerned districts for farmer registration for ensuring procurement of paddy (Rabi crop) for the KMS 2023-24 indicating therein that the procurement of paddy (Rabi crop), will start from 01.05.2024 in the State and will close on 30.06.2024. Page 8 of 13 Pursuant to the same, the District Social Welfare Officer, Koraput, vide letter dated 26.02.2024 though communicated to the Chief Civil Supplies Officer-cum-District Manager, Jeypore, Koraput regarding participation of Petitioner-WSHG, including other two WSHGs, but still O.P.No.5 did not allow the Petitioner to participate in the paddy procurement during the Rabi 2023-
24.
15. In response to the said submission made by Mr. Mohapatra, Mr. Panigrahi, learned Additional Standing Counsel, relying on the instruction received, drawing attention of the Court to the District Level Paddy Procurement Committee Meeting held on 15.04.2024 for Rabi season KMS 2023-24 submits, in terms of the said meeting it was resolved to select only the LAMPCs, WSHGs and Panipanchayats in Rabi season 2023-24, who have already participated in the last Rabi season 2022-23 due to enforcement of Model Code of Conduct for simultaneous General Election-2024.
16. Since no Counter has been filed by the State and the instruction received by the learned State Counsel has been accepted as the stand of the State Opposite Parties, para 4 of the said Committee Meeting held on 15.04.2024 which is on record, is extracted below for ready reference:
Page 9 of 13
"4. Participating Agency:
After a detail and thorough discussion, it has been decided by the committee for participation of only LAMPCS, WSHG and Panipanchayat in this current Rabi season 2023-24 who have already participated in the last Rabi season 2022-23 due to enforcement of Model Code of Conduct for Simultaneous General Election-2024. CCSO, Koraput appraised the house that Laxmipur LAMPCS has submitted a board resolution regarding their willingness for non-participation for the ensuing Rabi Paddy Procurement 2023-24. As per registration status 12 nos. of LAMPCS, 19 nos. WSHGs and 3 nos. of Panipanchayats are participating in the Rabi Paddy Procurement for KMS 2023- 24 in Koraput district."
(Emphasis Supplied)
17. Mr. Panigrahi, learned ASC, drawing attention of this court to para-7 of the said meeting dated 15.04.2024, further submits, the submission made by the learned Counsel for the Petitioner that because of the ensuing General Election, 2024 the paddy procurement date has been deferred to 01.06.2024 is incorrect. Rather, in terms of the said committee meeting, considering the harvest and opinion of farmers' representatives, it was unanimously decided to commence the paddy procurement w.e.f. 25th May, 2024 in Koraput District during upcoming Ravi season.
Page 10 of 13
18. In view of the said submission made, para-7 of the said committee meeting held on 15.04.2024 is reproduced below for ready reference:-
"7. Date of commencement of paddy Procurement.
Considering the harvest and opinion of farmers representatives, it was unanimously decided to commence the paddy procurement w.e.f. 25th May, 2024 in Koraput District during upcoming Ravi season."
19. Mr. Panigrahi further submits, since the Petitioner WSHG has not participated in the paddy procurement operation in the last Rabi season 2022-23, in view of the proceedings of the District Level Paddy Procurement Committee Meeting held on 15.04.2024, because of the enforcement of Model Code of Conduct for Simultaneous General Election-2023-24, might be the reason for non consideration of the case of the Petitioner to allow it to participate in the paddy procurement for Rabi season for the KMS 2023-24.
20. In response to the said submission made by Mr. Panigrahi, Mr. Mohapatra submits, in view of the clarificatory order dated 17.10.2023 passed by this court in W.P.(C) No.27925 of 2023, followed by the communication made by the District Social Welfare Officer, Koraput to the Petitioner vide letter dated 24.11.2023, which is followed by the circular dated 20.02.2024 Page 11 of 13 of the Government of Odisha, Food Supplies & Consumer Welfare Department and further communication made by the District Social Welfare Officer, Koraput dated 26.02.2024 to the Chief Civil Supplies Officer-cum-District Manager, Jeypore, Koraput, which are much before the enforcement of the Model Code of Conduct for Simultaneous General Election 2024, the Petitioner WSHG cannot be and should not be debarred from participating in the paddy procurement job during Ravi paddy procurement 2023-24, which is going to start from 25.05.2024, on the plea of enforcement of Model Code of Conduct for Simultaneous General Election 2024.
21. In view of the submissions made by the learned Counsel for the parties so also the order dated 17.10.2023 passed by this Court in W.P.(C) No.27925 of 2023, followed by the letter of the DSWO, Koraput (O.P.No.4) dated 24.11.2023 addressed to the Petitioner-WSHG, Koraput so also letter dated 26.02.2024 of the Chief Civil Supplies Officer-cum-District Manager Koraput, (O.P.No.5), this Court is of the view that their should not be any legal barrier for allowing the Petitioner-WSHG to handle the Konagaon Mandi for the purpose of procurement of paddy (Rabi Crop) for the KMS 2023-24 on the plea of enforcement of Model Code of Conduct for Simultaneous General Page 12 of 13 Election 2024, which came into force with effect from 16th March, 2024 and much before the same, the Petitioner WSHG was communicated by the DSWO, Koraput, regarding its participation in paddy procurement during Rabi-2023-24.
22. Accordingly, the Chief Civil Supplies Officer-cum- District Manager, Koraput, (Opposite Party No.5) is directed to allow the Petitioner-WSHG to participate in the paddy procurement during 2023-24 in terms of the recommendation made by the District Welfare Officer, Koraput, vide letter dated 26.02.2024, as at annexure-8, which is going to start w.e.f 25.05.2024.
23. With the said direction, the writ petition stands disposed of. No order as to cost.
24. Urgent certified coy of this order be granted on proper application as per rules.
...........................
S. K. Mishra, J.
Orissa High Court, Cuttack.
Dated, 16th May, 2024/ Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-May-2024 20:30:38 Page 13 of 13