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2026 DAILYLAW 19237 (ORI)

NAROTTAM BEHERA v. STATE OF ODISHA

WP(C)/14929/2026 · 2026-05-22

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.14929 of 2026 Narottam Behera …. Petitioner Mr. Prateek Dash, Advocate -versus- State of Odisha & others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 22.05.2026 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 her from the place where she is running her business and earning livelihood. 3. It is submitted by Mr. Dash, learned counsel for the Petitioner that the Petitioner is running a Betel Shop in Ward No.10, Plot No.171, Sector-A, Zone-B, Mancheswar, Bhubaneswar, 751010 and is earning her livelihood. He was issued with a provisional certificate of trade license which was valid from 03.10.2023 to 31.03.2024. 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 her favour and settle her at any vending zone. The application in Form II was submitted on 5th May, 2026, which is still pending with the Authority. During pendency of the said application, steps are being taken to evict her from the place, where she is running her business and earning livelihood. Thus, finding no other alternative, this Writ Petition has been filed. 4. Taking note of the submission made by Mr. Dash, 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. 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 decision taken thereon shall be communicated to the Petitioner forthwith. Urgent certified copy shall be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Banita Designation: SR. STENOGRAPHER