Disposed

Mahavir Utha Phala Byabasaya Welfare Trust v. State of Odisha

Orissa HC11 Feb 2020WP(C)/4665/2020

Case brief

AI extract

What is this about?

Court set aside coercive action pending grievance redressal and directed formation of Grievance Redressal Forum under Street Vendors Act, 2014, requiring appropriate government to constitute it within two months.

What did the court decide?

Petitioners permitted to move Municipal Corporation with grievance petition; no coercive action till disposal; Appropriate Government to form Grievance Redressal Forum under Section 20.

Mahavir Utha Phala Byabasaya Welfare Trust Vs State of… — Property and Title | Orissa HC (2020)

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W.P.(C) No.4665 of 2020

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W.P.(C) No.4665 of 2020 & I.A. No.2049 of 2020

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11.02.2020 Heard learned counsel for the petitioners and Mr.Nayak, learned Additional Government Advocate.

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According to Mrs. Kabita Patra, the grievance of the petitioners in this case is that opposite party no.3 has announced to demolish the shops of the petitioners situated at Rajmahal Chhak area, Bhubaneswar without any written notices and without allotting alternative sites 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. Nayak, learned Additional Government Advocate submits that instead of approaching the opposite party no.3 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 Bhubaneswar Municipal Corporation (opposite party no.3) by filing comprehensive grievance petition highlighting all their grievances within a period of ten days from today. In the event, such a grievance petition is filed before opposite party no.3, the said opposite party is directed to take a decision on the same in accordance with law by passing a reasoned order after giving an opportunity of hearing to the petitioners.

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bns

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Till disposal of the grievance petition, no coercive action shall be taken against the petitioners with regard to their shops situated at Rajmahal Chhak area Bhubaneswar.

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While parting with the order, we direct the appropriate Government to form Grievance Redressal Forum

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under Section 20 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 within a period of two months from the date of receipt of the certified copy of this order and the matter be communicated to this Court through Mr.Nayak, learned Addl. Government Advocate.

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The writ application is disposed of.

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Urgent certified copy of this order be granted on proper application.

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A free copy of this order be supplied to Mr. Nayak, learned Addl. Government Advocate for onward

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communication.

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…………………………

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C.R. Dash, J.