Disposed

Basanta Kumar Rana v. the State of Odisha

Orissa HC4 Aug 2020WP(C)/13689/2020

Case brief

AI extract

What is this about?

The petitioner, a florist running a shop on Government land without hindrance since 2010, sought a stay on the proposed demolition of his shop by the Bhubaneswar Municipal Corporation without an opportunity of hearing. The court directed the Corporation to consider the petitioner's representation on his relocation under the relevant Office Order and case law, forbidding demolition or eviction pend

What did the court decide?

Stay on demolition and eviction. Direction to corporaton to consider petitioner's representation on relocation within two months.

Basanta Kumar Rana Vs the State of Odisha — Property and Title | Orissa HC (2020)

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W.P.(C) NO.13689 OF 2020

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03. 04.08.2020

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Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. S.C. Puspalaka, learned counsel for the petitioner and Mr. A.K. Mishra, learned Additional Government Advocate for the opposite party no.1Government of Odisha in G.A. Department.

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The grievance of the petitioner in this writ petition is that he is a florist and running his livelihood from his flower shop, occupying a small portion of the Government land situated at Kalpana Square by the side of Hotel Kalinga Ashok, Goutam Nagar, Bhubaneswar.

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Mr. Puspalaka, learned counsel for the petitioner submits that the petitioner is running his livelihood from the business since 2010 without any hindrance from any corners. On the other hand, the Bhubaneswar Municipal Corporation is accepting license fee from him regularly. It is his submission that the Commissioner, Bhubaneswar Municipal Corporation without issuing any notice and without giving him an opportunity of hearing is contemplating to demolish the flower shop of the petitioner. He, therefore, prays for a direction to the Commissioner, Bhubaneswar Municipal Corporation to relocate the flower shop of the petitioner at any suitable place in terms of the Orissa Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. He also placed reliance on the decision of this Court in the case of Laxmipriya Sahoov- Director of Estate and others ; reported in AIR 2015

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CC 1171 and prays for a direction to the Commissioner, Bhubaneswar Municipal Corporation to consider his case for relocation.

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Mr. A.K. Mishra, learned Additional Government Advocate for the State submits that although there is Office Order No.12313 dated 13.08.2008 of the General Administration Department, Government of Odisha with regard to relocation of the license holders situated under the jurisdiction of the Bhubaneswar Municipal Corporation, but he has no instruction as to whether the petitioner’s case can be considered under the said office order of the G.A. Department.

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In view of the order proposed to be passed, no fruitful purpose will be served by issuing notice to the opposite Bhubaneswar Municipal Corporation and keeping the matter pending.

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Accordingly, this Court without expressing any opinion on the merits of the case, disposes of this writ petition with a direction that in the event the petitioner makes a comprehensive representation to the Bhubaneswar Municipal Corporation-opposite party no.3 ventilating his grievances within a period of two weeks hence, the same may be considered and disposed of by examining the applicability of the Office Order No.12313 dated 13.08.2008 of the G.A. Department and case law decided in the case of Laxmipriya Sahoo (supra) on its own merit as expeditiously as possible preferably within

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a period of two months from the date of filing of such representation. Till disposal of such representation, the flower shop of the petitioner shall not be demolished and the petitioner shall not be evicted, if not already evicted in the meantime.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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.............................. K.R. Mohapatra, J.

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Basanta Kumar Rana v. the State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Kumar Rana v. the State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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