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2025 DAILYLAW 71090 (ORI)

MANORANJAN DAS v. STATE OF ODISHA

WP(C)/26420/2025 · 2025-09-26

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 26420 OF 2025 Manoranjan Das …. Petitioner Mr. Debidutta Mohapatra, Advocate -versus- 1. State of Odisha 2. Bhubaneswar Municipal Corporation (BMC) 3. Town vending Committee, Bhubaneswar Municipal Corporation (BMC), Janpath Road, Unit-09, Bhubaneswar 4. Bhubaneswar Development Authority (BDA) …. Opposite Parties Mr. Manmaya Kumar Dash, A.S.C. Mr. Sanjib Kumar Sahu, Advocate on behalf of Mr. Pronoy Mohanty, Advocate (for B.M.C) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 26.09.2025 01. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition seeks protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity, ‘the Act’) and Odisha Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015 (for brevity, ‘the Scheme’) and prays for a direction not to evict him from the place where he is running his business and earning livelihood. 3. It is submitted by Mr. Mohapatra, learned counsel for the Petitioner that the Petitioner is running a fruit shop at Unit-1, Near Petrol Pump, Ashok Nagar, Bhubaneswar, Khordha and is earning his livelihood. He was issued with a provisional certificate of trade license which was valid for a period of 15 days with effect from 8th September, 2025. The Petitioner has filed an application to the Town Vending Committee of Bhubaneswar Municipal Corporation (Opposite Party No.3) to issue certificate of street vending in his favour and settle him at any vending zone. The application in Form II was submitted on 10th September, 2025 which is still pending with the Authority. During pendency of the said application, steps are being taken to evict him from the place, where he is running his business and earning livelihood. Thus, finding no other alternative, this Writ Petition has been filed. 4. Mr. Sanjib Kumar Sahu, learned counsel submits that Mr. Pronoy Mohanty, learned counsel has instructions to appear on behalf of Bhubaneswar Municipal Corporation. He, therefore, prays for an adjournment. 5. Taking note of the submission made by Mr. Mohapatra, learned counsel for the Petitioner and the order proposed to be passed, we feel that keeping the matter pending before this Court awaiting instruction from the Bhubaneswar Municipal Corporation will not serve any purpose. 6. Accordingly, the Court without expressing any opinion on the merits of the case of the Petitioner to be issued with a street vending certificate, disposes of the writ petition with a direction that on production of certified copy of this order along with a copy of application stated to have been filed in Form II of the Scheme for issuance of street vending certificate, the same shall be considered by the Town Vending Committee, Bhubaneswar Municipal Corporation- Opposite Party No.3 as expeditiously as possible within a period of one month therefrom. Urgent certified copy shall be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) Subhalaxmi Judge SAHOO