M/S.Sambalpur Uthadokani Sangha Vs Collector,Sambalpur

Instant writ petition is filed by the petitioner for a direction to the opposite parties and in particular, opposite party No.2 not to evict the daily hawkers at Gol Bazar, Sambalpur without allotment of lands to them in view of resolution dated 7th May, 2011 of the Municipality (now Sambalpur Municipal Corporation) on the grounds stated therein.

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3. A copy of the Municipality’s resolution is at Annexure-2.

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No reply is filed by opposite party No.2, namely, Sambalpur Municipal Corporation dill date. This Court by order dated 1^st September, 2014 in W.P.(C) No.4157 of 2014 directed the then Sambalpur Municipality to act upon Annexure-2 and till the

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construction of any market building, not to evict the vegetable vendors from there. From Annexure-2, it is made to understand that the Sambalpur Municipality had taken a decision to accommodate the small time vendors with construction of a new market building after demolition of the dilapidated structures existed thereon.

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Learned counsel for the petitioner submits that the hawkers/venders were apprehensive of the action contemplated in 2017. Learned counsel for opposite party No.2, however, submits that no eviction of any of the hawkers has taken place in the meantime. It is further submitted that the construction of the market building is still in progress. Since with such an apprehension, the petitioner approached this Court in view of Annexure-3, a copy of the news item in a local daily ‘The Samaj’ and recording the submission of learned counsel for opposite party No.2 that no such eviction has happened and the construction of the market building is not yet completed, the Court is of the considered view that any such eviction of the members of the petitioner as hawkers/vegetable vendors should not be carried out without considering the resolution i.e. Annexure-2 of the Sambalpur Municipality which has already been directed vide order dated 1st September, 2014 while disposing of W.P.(C) No.4157 of 2014.

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Hence, it is ordered.

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In the result, the writ petition stands disposed of with a direction to the opposite parties not to evict the hawkers/vegetable vendors, who are the members of the petitioner, till such time, the resolution dated 7th May, 2011 i.e. Annexure-2 is acted upon in view of the order in W.P.(C) No.4157 of 2014 and in view of the

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decision that such accommodation shall be considered in the newly constructed market building which is to come up over the land with the demolition of the structures existed over the same.

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Urgent certified copy of this order be issued as per rules.

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(R.K. Pattanaik) Judge

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Tudu

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Signature Not Verified

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Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 04-Apr-2024 12:14:30

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M/S.Sambalpur Uthadokani Sangha v. Collector,Sambalpur

Case brief

What is this about?

What did the court decide?

M/S.Sambalpur Uthadokani Sangha v. Collector,Sambalpur

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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