Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19743 of 2019
Himanshu Baliarsingh & Ors. …. Petitioner (s) Represented By Adv. Mr. Subash Chandra Puspalaka -versus- State of Odisha & Ors. …. Opposite Party(s) Represented By ASC Ms. Gayatri Patra Mr. Bijay Kumar Dash, Adv. Mr.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 24.07.2025
03.
1. This matter is taken up through hybrid arrangement.
2. In filing this Writ Petition, the Petitioner being an encroacher, has sought for a direction from this Court to the Opposite Parties for not demolishing his shop standing over the disputed property in question.
Apart from the above prayer, the Petitioner has also sought for a direction from this Court to the Opposite Parties for allotting an alternative site in his favour as per the provision of the Street Vendors Protection of Livelihood and Regulation of Street Vending Act, 2014.
3. Heard learned counsel for the Parties. p. 2p. 2
4. At the outset, Mr. Bijay Kumar Dash, learned counsel appearing on behalf of the Bhubaneswar Municipal Corporation submits that in order to get an alternative plot as per the provision under the Street Vendors Protection of Livelihood and Regulation of Street Vending Act, 2014 the Petitioner instead of preferring this Writ Petition, should approach the concerned authorities of the Bhubaneswar Municipal Corporation.
5. At this juncture, learned counsel for the Petitioner submits that similarly situated persons have already been rehabilitated in the meantime. Hence, the Petitioner should be granted that benefit. He also prays for granting necessary permission to the Petitioner to approach the concerned authorities of the Bhubaneswar Municipal Corporation for the above purpose.
6. Considering the submissions made on behalf of both the parties and without going into the merits of the case, this Court directs the Petitioner to ventilate his grievance for the above purpose by way of a representation before the concerned authorities of the Bhubaneswar Municipal Corporation within a period of p. 3p. 3 fifteen working days hence. In such event, the said authorities of the Bhubaneswar Municipal Corporation shall consider the grievance of the Petitioner and pass a lawful order in this matter within a period of two months thereafter.
7. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge Sumitra