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2020 DIGILAW 122 (ORI)

Prafulla Samantara v. State of Odisha

2020-06-04

B.R.SARANGI, MOHAMMAD RAFIQ

body2020
ORDER : 1. Heard Mr. K.K. Rout, learned counsel for the petitioners and Mr. A.R. Dash, learned Additional Government Advocate for the State opposite parties. 2. The petitioners have filed this Public Interest Litigation seeking direction to the opposite parties to extend the date of procurement/purchase of paddy from the farmers of the Ganjam district till completion of purchase, and to issue tokens in favour of 54,223 number of left out farmers and other farmers, if any, and purchase/procure paddy from them within a stipulated period. 3. The Central Government extends price support to paddy and wheat through the Food Corporation of India (FCI) and State agencies across the country. Under the procurement policy, whatever wheat and paddy are offered by the farmers, within the stipulated period and conforming to the specifications prescribed by the Government of India, are purchased at Minimum Support Price (MSP) by the State Government agencies including FCI for Central Pool. If the producer/farmer gets better price in comparison to MSP, they are free to sell their produce in open market, i.e. to private trader/anyone. The different types of coarse grains are procured by the State Government itself in consultation with FCI to the extent that the concerned State government may utilize the same for distribution under National Food Security Act (NFSA) as well as Other Welfare Schemes (OWS). Under the centralized procurement system, the procurement of food grains in Central Pool are undertaken either by FCI directly or State Government agencies to procure the food grains and handover the stocks to FCI for storage and subsequent issue against Government of India allocations in the same State or movement of surplus stocks to other States. The cost of the food grains procured by State agencies is reimbursed by FCI as soon as the stocks are delivered to FCI as per cost-sheets issued by Government of India. 4. Basing on such guideline of the Central Government, the Food Supply and Consumer Welfare Department, Government of Odisha planned to automate all the transaction's with respect to paddy procurement at the society/market yard level so as to reduce the workload of societies/agencies and other concerned authorities as well to maintain transparency and keep track of the progress of procurement. 4. Basing on such guideline of the Central Government, the Food Supply and Consumer Welfare Department, Government of Odisha planned to automate all the transaction's with respect to paddy procurement at the society/market yard level so as to reduce the workload of societies/agencies and other concerned authorities as well to maintain transparency and keep track of the progress of procurement. All transactions of the procurement operation at a Mandi/Paddy Procurement Centre starts from arrival of a farmer with paddy to delivery of paddy to millers and payment of paddy cost to farmers through online account transfer was proposed to be digitized and done through computer. OMEGA team was assigned the task to conduct the system study and design an application for the above proposal. OMEGA team did the same and developed the application. They also provided necessary technical assistance for implementing Paddy Procurement Automation System (P-PAS). The P-PAS provides common platform for all the State agencies, namely, OSCSC, MARKFED, NAFED, TDCC, NACOF & Food Corporation of India which have been procuring paddy from the farmers directly by paying minimum support price fixed by the appropriate Government. All can use the same application software to procure paddy from the farmers. Only PACS under OSCSC have been using the application. The P-PAS uses the output of Farmer Registration module where in the land details and bank account details, after verification by concerned authorities, are made available along with surplus paddy available with each farmer of the society. 5. Aforesaid being the procedure for procuring paddy for Kharif marketing season of 2019-20, Ganjam district administration, as is learnt, targeted to procure 80 lakh quintal of paddy, but initially decided to purchase 42 lakh quintal and opened 400 paddy procurement centers. It was decided to commence purchase from 15th November, 2019 to 29th March, 2020. As many as 1,34,000 farmers of the district registered their names online to participate in procurement process paddy procurement process and the opposite parties issued tokens in phase wise manner and started procurement and has already purchased 37 lakh quintal paddy from 80,177 farmers About 54,223 farmers are left till now out of which around 10 thousand farmers were issued with tokens. While the process of procurement was going on, the appropriate Government declared lockdown from 22.03.2020 owing to Covid-19 pandemic and the procurement centres stopped the procurement from that date of lockdown and their website was closed from 27.03.2020 and published the list of lapse token list. During the time of procurement when the tokens were not issued to a large number of farmers and the list of lapse token list was published, the farmers requested for field verification and on demand of the farmers, a joint verification was made on 20.03.2020 and a report was submitted that 12 thousand more farmers have paddy for procurement though the number is much more. 6. Mr. K.K. Rout, learned counsel for the petitioners contended that the farmers expecting to sell their produce in the paddy procurement principles though registered their names or given tokens and due to pandemic situation abruptly procurement was stopped due to lockdown from 22.03.2020, the farmers are facing a lot of problems for non-selling of their produces. It is further contended that due to problems faced by the farmers for non-selling of their produces, they moved the Revenue Divisional Commissioner, Southern Division through the Farmers Association bringing to the notice the difficulties faced by them. As a consequence thereof, the Revenue Divisional Commissioner has already issued letter dated 11.05.2020 under Annexure-5 to the Collector, Ganjam to take necessary steps for procurement of balance paddy of the farmers. In spite of such communication made by the office of the Revenue Divisional Commissioner, due to inaction of the Collector, Ganjam, the petitioners have approached this Court by filing this writ petition. 7. Mr. A.R. Dash, learned Additional Government Advocate for, the State opposite parties contended that in the process of procurement of paddy, due to unforeseen situation, the appropriate Government declared lockdown on 22.03.2020 owing to Covid 19 Pandemic, for which the procurement has been stopped, was beyond the control of the authority concerned. In any case, since the grievance of the petitioners has been considered by the Revenue Divisional Commissioner and accordingly, vide letter dated 11.05.2020 under Annexure-5, he made communication to the Collector, Ganjam to take necessary steps, there will be no difficulty on the part of the authority concerned to accede to the letter issued by the Revenue Divisional Commissioner and do the needful for the welfare of the farmers. 8. 8. Having heard learned counsel for the parties and taking into consideration the factual matrix of the case, as mentioned above, admittedly, the farmers who had enlisted their names for procurement of paddy, some of them were issued with tokens and some of them were not, and subsequently, due to declaration of lockdown on 22.03.2020 owing to Covid 19, the token issued in favour of the farmers have been cancelled, as a result of which, the targeted paddy procurement could not be made. As pleaded, as against targeted 80 lakh quintal of paddy to be procured, only 37 lakh quintal paddy have been procured from 80,177 farmers and about 54,223 farmers have been left out. Therefore, target has not been achieved. The farmers are depending upon their produces, unless the same is procured, the said produces may be destroyed due to natural process and will cause loss to the farmers. 9. In view of such position, apparently the grievance of the petitioners has been considered by the Revenue Divisional Commissioner, Southern Division, who in turn vide letter dated 11.05.2020 under Annexure-5 communicated to the Collector, Ganjam to take necessary steps. But fact remains, no action has been taken on the said letter by the Collector, Ganjam. In that view of the matter, this Court disposes of the writ petition directing the Collector, Ganjam to take necessary decision for procurement of balance paddy from the farmers of the Ganjam district in response to the letter issued by the Revenue Divisional Commissioner for the purpose as expeditiously as possible, preferably within a period of four weeks from the date of production/communication of authenticated/certified copy of this order.