Disposed

Ananda Kumar Behera v. State of Odisha

Orissa HC4 Feb 2021WP(C)/3926/2021

Case brief

AI extract

What is this about?

, Court disposed of the writ petition directing the Cuttack Municipal Corporation to consider the petitioners representation about retaining his milk booth site within three weeks, with no shifting permitted until then. The Court expressly reserved opinion on the merits.

What did the court decide?

Direction to respondent to consider petitioners representation within three weeks and communicate decision within seven days; no shifting of booth until then.

Ananda Kumar Behera Vs State of Odisha — Service and Employment | Orissa HC (2021)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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W.P.(C) No.3926 of 2021

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Ananda Kumar Behera … Petitioner - Versus - State of Odisha & another … Opp. Parties

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O R D E R

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04.02.2021 In the wake of the pandemic Covid-19, the case is taken up through V.C.

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Heard.

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The grievance of the petitioner in this writ petition is that though he has been allowed by the Cuttack Municipal Corporation to set up his Milk booth (OMFED) at a site selected by the Cuttack Municipal Corporation at Kanika Chhaka, Cuttack and continuing to run the said booth since 2008 and the same is causing no hindrance to general public in any manner, a notice has been issued against him under Annexure-3 for shifting of his Booth to another site and as such, he has challenged the same and seeks a direction to Cuttack Municipal Corporation to allow him to vend milk from the said booth.

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However, during the time of hearing on admission, it is submitted by the learned counsel for the petitioner that since a representation has been filed by the petitioner at Annexure-6, it would suffice,

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if the writ petition is disposed of with a direction to the Opposite Party No.2-CMC to consider such representation within a stipulated period.

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Considering the same, this writ petition is disposed of with direction to Opposite Party No.2 to take a decision on the representation of the petitioner at Annexure-6, if pending, in the manner known to law within three weeks hence and communicate the decision taken to the Petitioner within seven days thereof and till then, no shifting of the petitioner’s Milk Booth shall be made from the aforesaid site.

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It is made clear that this Court has expressed no opinion on the merit of such representation of the petitioner in any manner.

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With the aforesaid order, the writ petition stands disposed of.

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The parties may utilize the copy of this order as per the High Court’s Notice No.4587 dated 25.03.2020.

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………………….. S.Pujahari, J.

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RKS

Ananda Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ananda Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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