Dismissed

Balmiki Naik v. State of Odisha

Orissa HC7 Jul 2023WP(C)/13634/2023

Case brief

AI extract

What is this about?

Petitioner, a street vendor with a renewed trade license, sought directions to continue running his business from a specific plot. The Court directed the Municipal Corporation to examine a representation regarding the plot and maintain status quo for four weeks to prevent eviction.

What did the court decide?

Direction to opposite party No.2 to examine representation and maintain status quo on the schedule land for four weeks.

Balmiki Naik Vs State of Odisha — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.13634 of 2023

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Balmiki Naik

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…. Petitioner

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Mr. Sanjit Mishra, Advocate

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-Versus-

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State of Odisha & Others

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…. Opposite Parties

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Mr. YSP Babu, AGA

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CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

07.07.2023

Heard Mr. Mishra, learned counsel for the petitioner and Mr. Babu, learned Additional Government Advocate for the Stateopposite party No.1.

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No notice need be issued to opposite party Nos. 2 & 3 since the matter is disposed of at the stage of admission.

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Instant writ petition is filed by the petitioner for a direction to the opposite parties to allow him to continue and run business smoothly from over Plot No.326/1636 at District Centre, Chandrasekharpur, BDA, Pindi No.1, Khata No.619 of MouzaChandrasekharpur, Bhubaneswar, which belongs to GA & PG Department, Govt. of Odisha on the grounds stated therein.

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Learned counsel for the petitioner submits that the petitioner is a street vender and has been issued with an Identity Card, a copy of which at Annexure-2. It is also submitted that the Trade License issued under Section 554 of the Odisha Municipal Corporation Act, 2003 has recently been renewed, which is valid up to 31^st March, 2024, however, in the meantime, the BMC is contemplating to evict him from the schedule plot. It is further submitted that the petitioner has moved the BMC with a

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representation dated 12^th April, 2023 with a request to allow him to continue possessing the plot in question and to run the shop from there but no final order has been passed thereon, hence, therefore, necessary direction is required be issued in that regard.

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Mr. Babu, learned AGA for the State-opposite party No.1 submits that action which is said to be contemplated against the petitioner is from the side of the BMC and if the Court is inclined, appropriate order may perhaps be passed with a direction to opposite party No.2 to consider the representation under Annexure3 series.

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A copy of the renewed Trade License issued by BMC has been produced in Court today.

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Having considered the facts of the case and submissions of the learned counsel for the respective parties, the Court is also of the view that the representation under Annexure-3 series should be examined by opposite party No.2 in view of the fact that recently the Trade License issued to him has been renewed till 31^st March, 2024 and thereafter, to pass a final order providing opportunity of hearing to the parties involved preferably within a period of four weeks from the date of receipt of a copy of this Court and till such time, to maintain status quo vis-à-vis the schedule land.

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Consequently, the writ petition stands disposed of with the above directions.

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Urgent copy of this order be issued as per rules.

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Signature Not Verified

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Digitally Signed

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Signed by: BALARAM BEHERA Designation: Senior Stenographer Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 10-Jul-2023 10:51:38

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Balmiki Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balmiki Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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