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2026 DAILYLAW 17765 (ORI)

MD TABREJ ALAM v. STATE OF ODISHA

WP(C)/13466/2026 · 2026-05-18

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13466 OF 2026 Md Tabrej Alam …. Petitioner Mr.Kaibalya Panda, Advocate -versus- State of Odisha and others …. Opp. Parties Mr.Siba Narayan Biswal, Additional Standing Counsel (for Opp. Party No.1) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 18.05.2026 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. Panda, learned counsel for the Petitioner that the Petitioner is running a Bag Shop at Unit-II Area, Bhubaneswar, Khordha, Odisha-751009 and is earning his livelihood. He was issued with a certificate of trade license which was valid till 31st March, 2023 with effect from Digitally Signed Signed by: SASHIKANT PARIDA Reason: Authentication Location: OHC Date: 19-May-2026 18:58:18 Signature Not Verified p. 2 5th July, 2022. The Petitioner has filed an application before 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 25th February, 2026 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. Taking note of the submission made by Mr. Panda, learned counsel for the Petitioner and the order proposed to be passed, we feel that keeping the matter pending before this Court awaiting response from the Bhubaneswar Municipal Corporation will not serve any purpose. 5. Accordingly, the Court without expressing any opinion on the merits of the case of the Petitioner for issuance of a street vending certificate in his favour, 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, in accordance with law and p. 3 decision taken thereon shall be communicated to the Petitioner forthwith. Urgent certified copy of the order shall be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Sashikant