Disposed

Reshma Behera v. the Chaiman,Cuttack Development Authority

Orissa HC19 Mar 2019WP(C)/4943/2019

Case brief

AI extract

What is this about?

This writ petition sought an allotment of 7x7 ft. space for rehabilitation of street vendors. The court disposed of the matter without adjudicating merits, directing petitioners to file written representations before the opposite party within three weeks for redressal.

What did the court decide?

Directed opposite party no.3 to consider representations from the petitioner within three weeks.

Reshma Behera Vs the Chaiman,Cuttack Development Authority — Property and Title | Orissa HC (2019)

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W.P.(C) NO. 4943 OF 2019

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07.01.2020 Learned counsel for the petitioners is permitted to rectify the mistake which is said to have inadvertently crept in the prayer portion of the petition.

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This writ application has been filed with a prayer to direct the opposite parties to allot the space measuring 7ft.X 7ft. in favour of the petitioners at suitable commercial area for their rehabilitation.

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Learned counsel for the petitioner referring to averments taken in paragraphs-3 to 6 of the writ application submits that these petitioners who are earning their livelihood as street vendors strongly apprehend that in near future they would be evicted from their present place of business. He submits that as per the Rules for allotment of shops in different shopping centres in New Capital, Bhubaneswar as at Annexure-4, in the above eventuality these petitioners are eligible to get the benefits. He further submits that in past many persons similarly situated with these petitioners on being evicted from their erstwhile place of activities have been allotted with place in suitable commercial places.

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Learned counsel for the State referring to the documents annexed to the application, submits that none of those go to show as to for what reason/s other persons have been provided with the benefits if any as are claimed by the petitioner. She however submits that it is open for the petitioners to make representations before the opposite party no.3 for their consideration in proper perspective for redressal of their grievance as per law and further action as deemed just and proper.

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= 2 =

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Considering the submissions made and on going through the averments taken in the petition as also the documents annexed thereto, without expressing any opinion on the merit of the contentions, this writ application stands disposed of with an observation that in the event, the petitioner(s) file/s any representation/s before the opposite party no.3 within a period of three weeks hence, the same shall be considered in proper perspective and as per law/ prevailing guidelines/ rules and disposed of in accordance with law.

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It is needless to observe that in doing so, if felt so necessary, the opposite party no.3 may cause an enquiry done in the matter.

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Issue urgent certified copy as per rules.

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…………………….. D. Dash, J.

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Narayan

Reshma Behera v. the Chaiman,Cuttack Development Authority

Case brief

What is this about?

What did the court decide?

Reshma Behera v. the Chaiman,Cuttack Development Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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