Dismissed

Dillip Kumar Biswal v. the State of Odisha

Orissa HC4 Aug 2020WP(C)/13690/2020

Case brief

AI extract

What is this about?

This writ petition seeks a direction to relocate the petitioner's flower shop in Bhubaneswar before its proposed demolition without notice or hearing, relying on the Street Vendors Act and Laxmipriya Sahoo. The court disposed of the petition without merits, directing the petitioner to submit comprehensive representations within two weeks. Pending this, demolition and eviction are stayed.

What did the court decide?

Stay on demolition and eviction of the flower shop pending disposal of petitioner's comprehensive representations within two weeks.

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

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W.P.(C) NO.13690 OF 2020

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02. 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 Bayanika Bhawan, near IDBI Bank, Unit-9, Bhubaneswar.

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Mr. Puspalaka, learned counsel for the petitioner submits that the petitioner is running his livelihood from the business since 2009 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 Sahoo-

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v- 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 he does not have any instruction whether the shop has been allotted in favour of the petitioner by the Bhubaneswar Municipal Corporation and the case of the petitioner for re-location of his flower shop can be considered pursuant to Office Order No.12313 dated 13.08.2008 of the General Administration Department, Government of Odisha under Annexure-3.

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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 a period of two months from the date of filing of such

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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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Dillip Kumar Biswal v. the State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Kumar Biswal v. the State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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