Disposed

Ganesh Chandra Behera v. State of Odisha

Orissa HC5 May 2020WP(C)/10997/2020

Case brief

AI extract

What is this about?

Petitioners challenged demolition of shop rooms without notice under the Street Vendors Act, 2014. Court directed filing a grievance before the Corporation Commissioner and stayed coercive action.

What did the court decide?

Direction to file a grievance petition with the Commissioner within three weeks; restraint on coercive action against the petitioners pending disposal of the petition.

Ganesh Chandra Behera Vs State of Odisha — Public Procurement and Tenders | Orissa HC (2020)

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W.P.(C) NO.10997 of 2020

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05.05.2020 Heard Mr. P.K. Nanda, learned counsel for the petitioners and Mr. Patnaik, learned Addl. Government Advocate for the State.

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According to Mr. Nanda, the grievance of the petitioners in this case is that, the Opp. Party No.2 has announced to demolish the shop rooms of the petitioners situated near Hotel Crown and Kalinga Stadium of Nayapalli area under the Bhubaneswar Municipal Corporation, Bhubaneswar without any written notice and without allotting an alternative site for relocation of their shops in the background of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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Mr. Patnaik, learned Addl. Government Advocate submits that instead of approaching the Opp. Party No.2 in the matter, the petitioners have unnecessarily rushed to this Court.

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Considering the submissions made, this Court permits the petitioners to move the Commissioner, Bhubaneswar Municipal CorporationOpp. Party No.2 by filing a comprehensive grievance petition highlighting all their grievances within three weeks from today. In the event, such grievance petition is filed before the Opp. Party No.2, the said

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Opp. Party is directed to take a decision on the same in accordance with law, by passing a reasoned order, after giving opportunity of hearing to the petitioners.

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Till disposal of the grievance petition, no coercive action shall be taken against the petitioners with regard to their shop rooms near Hotel Crown and Kalinga Stadium of Nayapalli area under the Bhubaneswar Municipal Corporation, Bhubaneswar.

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This Order shall not be effective, if the petitioners encroach upon the public road.

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The writ application is accordingly disposed of.

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As Lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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A free copy of this Order be supplied to the learned Addl. Government Advocate for onward communication.

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…………………………. C.R. Dash, J.

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……………………………..

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Subha

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Subha

Ganesh Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ganesh Chandra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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