IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 6079 OF 2025 Manmath Nath Das …. Petitioner Mr. Debidutta Mohapatra, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Manoj Kumar Panda, Advocate (For Bhubaneswar Municipal Corporation) CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE JUSTICE K.R. MOHAPATRA ORDER Order No. 15.04.2025 2. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition prays for a direction to protect his occupation over the place, where he is running his business as Street Vendor. 3. Mr. Mohapatra, learned counsel submits that the Petitioner is a Street Vendor and has been granted certificate of Trade License (Annexure-1) by the Bhubaneswar Municipal Corporation (BMC) on 1st August, 2023, which was valid till 31st March, 2024. Even after expiry of the license period, the Petitioner is running his business without any objection from any corner including the BMC authorities and is earning his livelihood. Very recently, the Petitioner came to know that the BMC is contemplating to evict him from the place of his business, i.e., Ward No.40, Unit-II, Ashok Nagar Market Building, Bhubaneswar. It is further submitted that the Petitioner has made an application for Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 16-Apr-2025 11:01:36 Signature Not Verified issuance of Street Vending Certificate on 16th February, 2025 (Annexure-2 series) in proper format to the Town Vending Committee-Opposite Party No.3, which is pending for consideration. 3.1 It is further submitted that if the Petitioner is evicted in the interregnum, he will lose his livelihood. He, therefore, submits that possession of the Petitioner may be protected till his application for grant of Street Vending Certificate is considered by Opposite Party No.3. 4. Mr. Panda, learned counsel for BMC submits that the Petitioner is unauthorizedly occupying the place where he is running his business. Due to occupation of the Petitioner, it causes traffic congestion and Bhubaneswar Municipal Corporation is facing difficulty in sanitation. He, however, submits that if an application for grant of Street Vending Certificate is pending before the Town Vending Committee of BMC, the same shall be considered in accordance with law. 5. Taking into consideration the submissions made by learned counsel for the parties, this Court, without expressing any opinion on the merit of the case of the Petitioner, disposes of the writ petition with a direction that Town Vending Committee of BMC-Opposite Party No.3 shall taken into consideration the application filed by the Petitioner for issuance of Street Vending Certificate under the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 so also the Rules and Schemes framed therein as expeditiously as possible, preferably within Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 16-Apr-2025 11:01:36 Signature Not Verified a period of four weeks from the date of production of certified copy of this order and communicate the decision to the Petitioner forthwith. 5.1 Till the application under Annexure-2 series filed by the Petitioner is considered by the Town Vending Committee of BMC-Opposite Party No.3, he shall not be evicted from the place where he is running his business. Issue urgent certified copy of the order on proper application. (Harish Tandon) Chief Justice (K.R.Mohapatra) Judge s.s.satapathy