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2025 DAILYLAW 66254 (ORI)

N.RAJESWAR RAO v. STATE OF ODISHA

WP(C)/32966/2024 · 2025-06-18

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO. 32966 OF 2024 1. N. Rajeswar Rao 2. N. Rajesh 3. P. Bairagi 4. M. Shanti 5. R. Kiran Kumar 6. Nalini Biswal …. Petitioners Mr. Saroj Kumar Dash, Advocate -versus- 1. State of Odisha 2. Bhubaneswar Municipal Corporation 3. Town Vending Committee …. Opp. Parties Mr. M. K. Dash, A.S.C. (for Opp. Party No.1) Mr. M. K. Panda, Advocate (for Opp. Parties No.2 & 3) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 18.06.2025 04. 1. This matter is taken up through hybrid mode. 2. The Petitioners apprehending eviction of their Shops (petitioners No.1 to 5 Cobblers shop and Petitioner No.6 Bangle shop) have filed this writ petition seeking for a direction to allow him to continue his business in the place, where their Shops are operating and further prayed for issuance of the street vending certificates. 3. Mr. Dash, learned counsel submits that the Petitioners were issued with a Provisional Certificate of Trade License by the Commissioner of Bhubaneswar Municipal Corporation (BMC) under Annexure-1 series. The Petitioners are running their shops at Western tower road side gate, in front of BMC Keshari Mall, Unit-2, Market Building, Ashok Nagar, Bhubaneswar. The Petitioners were paying miscellaneous charges for occupying the place and running their business. Some Petitioners were paying Electricity bill under Annexure-3 Series. The Petitioners made applications in the prescribed format under Annexure-4 series to issue street vending license in their favour, which is yet to be considered. Hence, this writ petition has been filed for the aforesaid relief. 4. Mr. Panda, learned counsel for Bhubaneswar Municipal Corporation submits that no such application has yet been received by the Town Vending Committee of Bhubaneswar Municipal Corporation (BMC). Copy of the said application annexed to the writ petition as Annexure-4 series does not bear any signature in token of receipt of such application. Although the applications are stated to have been filed but bears no signature and date. The Petitioners have no locu standi to be issued with a street vending license. Hence, the writ petition being devoid of any merit should be dismissed. 5. Considering the submissions made by learned counsel for the parties, this Court feels that if the Petitioners intend to get vending certificate under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Rules framed thereunder, they should make fresh application in that regard enclosing relevant documents and information. 6. Accordingly, this Court without expressing any opinion on the merits of the case of the Petitioners for being issued with a vending certificate, disposes of this writ petition with a direction that in the event the Petitioners make fresh individual applications under the provisions of the aforesaid Act and Rules within a period of two weeks along with relevant information and documents, the same shall be considered as expeditiously as possible preferably within a period of one month therefrom and decision thereof shall be communicated to the Petitioners forthwith. Till disposal of the aforesaid application, if filed within the time stipulated, as above, status quo with regard to continuance of the business of the Petitioners shall be maintained. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) Subhalaxmi Judge SAHOO