The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Apr-2025 18:27:16 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 6475 OF 2025 Dillip Kumar Das …. Petitioner Mr. Debidutta Mohapatra, Advocate -versus- State of Odisha and others …. Opp. Parties
Legal Reasoning
Mr. Pradeep Kumar Sahoo, Additional Standing Counsel (For Opp. Party No.1) Mr. Niranjan Panda-1, Advocate (For BMC) CORAM: JUSTICE K.R. MOHAPATRA JUSTICE ANANDA CHANDRA BEHERA Order No. I.A. No.3415 of 2025
Decision
ORDER 23.04.2025 1. 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition prays for a direction to the Authorities under the Bhubaneswar Municipal Corporation (BMC) to protect his occupation over the space where he is running his business and earning his livelihood. 3. Mr. Mohapatra, learned counsel submits that the Petitioner is a Street Vendor within the meaning of provisions under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity ‘the Act’). He is running his business of stationery shop at Ward No.40, Unit-2, Ashok Nagar, Market Building, Bhubaneswar. Page 1 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Apr-2025 18:27:16 On his application, he was granted Certificate of Street Vending by the Deputy Commissioner, BMC, which was valid till 31st March, 2021. He was also granted Certificate of Trade License, which was valid up to 31st March, 2024. However, after expiry of the period of Certificate of Street Vending and Certificate of Trade License, the Petitioner is running his business over the aforesaid space and earning his livelihood. He has also made an application in proper format for renewal/issuance of Certificate of Vending issued Annexure-1, which is pending before the Town Vending Committee, BMC-Opposite Party No.3. At his juncture, the Authorities under the BMC, without issuing any notice and without following the procedure laid down under the Act and Rules as well as Scheme framed thereunder, is contemplating to evict the Petitioner. Hence, finding no other alternative, this writ petition has been filed for the aforesaid relief. 4. Mr. Mohapatra, learned counsel for the Petitioner further submits that unless the possession of the Petitioner is protected till consideration of his application for renewal/issuance of his Certificate of Street Vending, which is pending before the Town Vending Committee, BMC, he will be highly prejudiced and will lose his livelihood. He also referred to the relevant provisions of the Act as well as Rules and Scheme framed thereunder in support of his submission. He, therefore, submits that the occupation of the Petitioner may be protected over the space, where he is running his Page 2 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Apr-2025 18:27:16 business till his application for renewal/issuance of Certificate of Street Vending is considered. 5. Mr. Panda, learned counsel appearing for the BMC stoutly denies the submission of Mr. Mohapatra, learned counsel for the Petitioner. It is his submission that although the Certificate of Street Vending was issued in favour of the Petitioner by the BMC, but it had already expired since 31st March, 2021. Likewise, the Certificate of Trade License has also expired since 31st March 2024. Thus, the Petitioner is an unauthorized occupant over the space where he might be running his business. 5.1. It is further submitted that the space, where the Petitioner is stated to have running his business, has been declared as ‘No Vending Zone’ by the BMC and the Street Vendors, who were identified as such in the survey are being rehabilitated in different vending zones as per the availability and convenience. It is further submitted that the Petitioner stated to have submitted his application for renewal/issuance of Certificate of Street Vending in Form-II, III & 1V only on 20th February, 2025. If that be so, the same will be considered by the Town Vending Committee, BMC-Opposite Party No.3 in accordance with law. But the Petitioner has no semblance of right to occupy the space where he claims to be running his business. 6. Taking into consideration the submissions made by learned counsel for the parties, this Court finds that the Page 3 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Apr-2025 18:27:16 Petitioner has been identified as a Street Vendor and was issued with Certificate of Street Vending by the Deputy Commissioner, BMC on 27th August, 2020, which was valid till 31st March, 2021. He was also issued Certificate of Trade License to run his business over the space where he claims to be in occupation and earning his livelihood. Both the Certificate of Street Vending and Certificate of Trade License have expired in the meantime. It is claimed by the Petitioner that he has made an application in Form-II, III & IV under Paragraph-6(2) of Odisha Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015 for grant of Certificate of Street Vending on 20th February, 2025, which is pending before the Town Vending Committee, BMC. 7. In that view of the matter, this Court without delving into the merits of the case of the Petitioner for renewal/issuance of Certificate of Street Vending, disposes of the writ petition with a direction that in the event, the Petitioner produces the certified copy of this order within a period of ten days hence before the Town Vending Committee, BMC-Opposite Party No.3, his application stated to be pending in Form-II, III & IV shall be considered and disposed of as expeditiously as possible preferably within a period of one month therefrom. 8. Till disposal of the application pending before the Town Vending Committee, BMC-Opposite Party No.3 in Page 4 of 5 Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Apr-2025 18:27:16 Form-II, III & IV, no coercive action shall be taken for eviction of the Petitioner from the space where he claims to be running his business. Urgent certified copy of this order be granted on proper application. ms (K.R. Mohapatra) Judge (A.C. Behera) Judge Page 5 of 5