Authority: High Court of Odisha at Cuttack
Order Date: 16 Oct 2026
Case Overview
- Petitioners: ABIS Food and Proteins Private Ltd., Cuttack (represented by Sr. Advocate Mr. D. Nayak and Advocate Ms. Bini Mishra).
- Opposite Parties: State of Odisha and others, represented by AGA Mr. S. Behera.
- Writ Petition No.: W.P.(C) No.34420 of 2026 (CNR No. ODHC010821152026).
- Subject Matter: Permission to lift and transport poultry from the poultry farm located in village Kalikabadi, Brahmagiri, Puri.
- Background: The petitioner alleges that local police, acting on behalf of opposite party No.5, are preventing the lifting of birds due to a criminal case registered against the husband of the lessee. Annexures‑2 & 3 contain agreements granting the petitioner the right to lift the birds; Annexure‑4 documents the alleged daily death of birds.
- Submissions: Counsel for the petitioner argued that the criminal case is unrelated to the contractual obligations. The State’s AGA recorded the submission but did not contest the contractual right.
- Court’s Observation: The parties are in agreement as per Annexures‑3 & 4 that the lessee must ensure supply of birds, and the obstruction is not justified by the criminal case.
Final Outcome
- The Court directs opposite party No.5 to allow the lifting of birds from the specified poultry farm immediately after receipt of a copy of this order.
- The writ petition stands disposed with the aforesaid direction for compliance.
- An urgent copy of the order is to be issued as per procedural rules.
Topics: Legal Dispute, Poultry Farming, Contract Enforcement