Disposed

Santosh Kumar Rout v. State of Odisha

Orissa HC5 Oct 2020WP(C)/24214/2020

Case brief

AI extract

What is this about?

Writ petition challenging eviction of shop premises. Court disposed matter by directing petitioners to file representation with BMC Commissioner within two weeks to secure non-eviction for four weeks pending disposal.

What did the court decide?

Petitioners to file representation with BMC Commissioner within two weeks; non-eviction shall prevail until the representation is disposed of within four weeks.

Santosh Kumar Rout Vs State of Odisha — Service and Employment | Orissa HC (2020)

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W.P.(C) No.24214 of 2020

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05.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. B.P. Satapathy, learned counsel for the petitioners and Mr. S.P. Panda, learned Additional Government Advocate for the State opposite parties.

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Petitioners in this writ petition pray for a direction to the Bhubaneswar Municipal Corporation (OP No.2) not to demolish their shop rooms situated at Unit-IV, Bhouma Nagar (behind Unit-IV market), Bhubaneswar Municipal Corporation.

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Mr. Satapathy, learned counsel for the petitioners submits that although cases of some of the street vendors of Unit-IV market area have been considered but the case of the petitioners have been ignored and the BMC authority is contemplating for eviction of the petitioners without following due procedure of law. Hence, he prays that the case of the petitioners may be considered for rehabilitation and resettlement under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short, ‘the Act’).

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Mr. Panda, learned Additional Government Advocate submits that he has no objection if the petitioners move the BMC authorities with an application for redressal of their grievance.

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Taking into consideration the nature of prayer made in this writ petition, this Court without expressing any opinion on the merits of the case of the petitioners, disposes of the writ petition with an

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observation that in case petitioners make a comprehensive representation within a period of two weeks hence along with relevant documents before the Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar (OP No.2) ventilating their grievance, the same shall be considered and disposed of on its own merit within a period of four weeks from the date of filing of such representation. Till disposal of the representation of the petitioners, they shall not be dispossessed/evicted from the site in question.

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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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……..……………………

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K.R. MOHAPATRA,J.

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Santosh Kumar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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