p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17583 of 2026 Jayanta Kumar Swain & Others …. Petitioners Mr. G.N. Rout, Advocate -versus- State of Odisha & others …. Opp. Parties Mr. S. Pattnaik, AGA for OP Nos.1,2 & 5 CORAM: HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 05.06.2026 (In Virtual Court) 01. 1. The Petitioners have stated to the members of a ‘Byabasay Sangha’, 31 in number and stated that they are street vendors under the definition of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. They have approached this Curt apprehending eviction pursuant to the public notice annexed to the Writ Petition marked as Annexure-7 dated 13.05.2026. The public notice in Odia is translated to English states thus: “It is notified that those who have obstructed road and drain and have obstructed shop room with the cabin leading to traffic hazard and accidents also preventing flow of the drain” 2. It is further indicated in the said notice that such obstruction as well as encroachment violates Section 254 of the Odisha Municipal Act, 1950 and such p. 2 encroachers are directed to remove the encroachment from road and drain within seven days. 3. Since the notice is general in nature issued by the Opposite Party No.3 NAC, learned counsel for the Petitioners was asked whether the Petitioners have encroached road and drain as indicted in the notice for removal, he submits that the Petitioners have not encroached any public-road nor constructed any cabin over drain. It is submitted that the structures/cabin made by the Petitioner is not obstructing road or not interfering with flow of traffic or drain. 4. It can be seen that in the Writ Petition no such document is annexed indicting that the Petitioners have approached the authority stating that they are not encroaching upon road and have not constructed any structure/cabin over the drain. 5. It is submitted by learned counsel for the Petitioners that the Petitioners shall approach the authority if granted some further time. 6. Learned AGA appearing for the OP Nos.1,2 & 5 submits that if the Petitioners approach the authority, decision shall be taken in accordance with law. 7. In view of the submissions made on behalf of the Petitioners and limited grievance raised, it is directed, the Petitioners, if so advised, shall approach the appropriate authority/OP Nos.3 & 4 clearly stating and giving details of their shop rooms/cabins and also indicating that they have not encroached any road nor have obstructed cleaning of drain/flow of drain. Such approach shall be made by p. 3 amit 19.06.2026. The authority shall consider the same and take decision in accordance with law particularly the submissions that Petitioners are not encroaching upon any road or drain and are not causing any hindrance to any public road or cleaning of drain. 8. It is further directed that till 03.07.2026 status quo as on date regarding nature, character, ownership and possession of the properties occupied by the Petitioners shall be maintained by the parties to the Writ Petition. It is further clarified that this Court has not expressed any opinion regarding merits of the case of the Petitioners or contentions of the parties to the Writ Petition. 8. The Writ Petition is disposed of with the aforesaid observations. 10. Urgent certified copy of this order be granted as per rules. Parties shall have the liberty to act upon the copy of this order obtained from the official website. (Mruganka Sekhar Sahoo) Vacation Judge (M.S. Raman) Vacation Judge