Contempt petition alleging violation of a Court order directing BMC to follow Street Vendors Act procedures before eviction. Bench found no case of deliberate disobedience as eviction was handled by BDA via different process and dropped the proceeding.
Contempt proceeding dropped; no finding of violation of Court order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.263 of 2024
Prakash Mohanty
…. Petitioner
M/s. S.K. Sahu, Advocate and associates -versus-
…. Vijay Amruta Kulange, IAS, Opposite Parties Commissioner, Bhubaneswar Municipal Corporation and another
Mr. Niranjan Panda, Advocate
CORAM: THE CHIEF JUSTICE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No.
02.05.2024
This matter is taken up through Hybrid mode.
“4. We are satisfied that BMC is aware of petitioner being a vendor at the vending site, for which he was issued aforesaid document. In the circumstances, instead of directing issuance of notice we make it clear that opposite party nos. 3 and 4, in event resort to taking action against petitioner, it must be in
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accordance with law provided for street vendors, including relocation.”
(Chakradhari Sharan Singh)
Chief Justice
(M.S. Raman)
Signature Not Verified
Judge
Digitally Signed Signed by: SUBASH KUMAR GUIN S.K. Guin/P.A. Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-May-2024 15:35:50
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2 issues framed by the court
Whether the petitioner's eviction constitutes a violation of this Court's order dated 03.04.2023 warranting contempt proceedings.
Whether the riverseion actions taken by the Bhubaneswar Development Authority fall within the scope of the cited Court order.
Prakash Mohanty
Vijay Amruta Kulange
Bhubaneswar Municipal Corporation
MURAHARI SRI RAMAN
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
