Baba Sidheswar WSHG & Others vs State Of Odisha & Others

Ananda Chandra Behera, J

This Writ Petition has been filed by the Six SHGs being the Petitioners under Articles 226 and 227 of the Constitution of India, 1950 praying for quashing the Letter dated 18.12.2025 (Annexure-4) issued by the State excluding the petitioners-SHGs from the paddy procurement system of KMS 2025-26 in the District of Subarnapur on the ground that, they (petitioners-SHGs) were procuring paddy since 2019 till 2024 and all the members of the petitioners-SHGs have undergone training on being sponsored by the Opp. Parties for proper procurement of paddies for KMS 2025-26 as per the Government guidelines and they have been maintaining the proper infrastructures and assets for purchasing and storing paddies.

As per Letter dated 18.12.2025 vide Annexure-4, the State debarred them (petitioners-SHGs) from procuring the paddies for KMS 2025-26, then, they (petitioners) stated that, they have been debarred from the same illegally and according to them(petitioners), they are eligible and lawfully competent to procure the same possessing all requisites qualifications, for which, they(petitioners-SHGs) challenged the said Letter dated 18.12.2025 (Annexure-4) issued by the Government/State by filing this Writ Petition praying for allowing them (petitioners-SHGs) to participate in the procurement of paddy (Ravi Crop) for the year 2025-26 and to quash the Letter dated 18.12.2025 (Annexure-4).

Heard from the learned counsel for the petitioners-SHGs and the learned Addl. Standing Counsel for the State.

During the course of hearing, the learned counsel for the petitioners-SHGs relied upon the Judgment dated 30.01.2026 passed in WPC No.2068 of 2026 between Maa Tarini SHG Vs. State of Odisha & Others contending that, the case of the petitioners-SHGs of this Writ Petition are similar to the case of the petitioners in WPC No.2068 of 2026 and also submitted for passing similar order like WPC No.2068 of 2026 giving them(petitioners) liberty to claim compensation before the common law forum, i.e., before the Civil Court for their illegal debarment from procuring the paddy of KMS 2025-26 as per Letter dated 18.12.2025 (Annexure-4) issued by the State, if their debarment is ultimately found to be baseless before the common law forum.

"Access to the justice is the right of every individual.

Because, where there is right, there is remedy."

When, the petitioners-SHGs are eagerly interested to approach the common law forum, i.e., the Civil Court by filing a suit in order to establish their grievances to get compensation by proving/establishing their illegal debarment from paddy procurement of KMS 2025-26, then, at this juncture, there is no justification under law to prohibit the petitioners-SHGs through any order from approaching the common law forum, i.e., Civil Court in order to establish their grievances, if any, to get compensation on establishing/proving their illegal debarment, if any, by disposing of this Writ Petition in that light.

Hence, on the basis of the aforesaid observations, this Writ Petition filed by the petitioners-SHGs is disposed of finally giving liberty to them (petitioners-SHGs) to approach the common law forum, i.e., Civil Court by filing a suit claiming compensation on establishing/proving their illegal debarment from paddy procurement of KMS 2025-26.

As such, this Writ Petition filed by the Petitioners is disposed of finally.