Dola Gobinda Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Dola Gobinda Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction that a fresh application in proper format with requisite information and relevant documents, made within two weeks before the Town Vending Committee of Bhubaneswar Municipal Corporation for issuance of Certificate of Vending, shall be considered in accordance with law within four weeks therefrom, with the decision taken communicated to the Petitioner forthwith.

Issue for consideration

Whether the Court should direct the Bhubaneswar Municipal Corporation to issue a Certificate of Vending to the Petitioner under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending), 2014. +1 more

Court's answer

In view of the above, the Court was not in a position to grant the prayer made in the writ petition at that stage.

Ratio / Principle

On perusal of the record, the Court found no material on record to ascertain whether the documents annexed to the writ petition were in fact issued by the Bhubaneswar Municipal Corporation, and there was no proof that the application in Form No. II was in fact submitted before the Town Vending Committee of Bhubaneswar Municipal Corporation.

Key takeaways

The writ petition was disposed of with a direction that if the Petitioner makes an application in proper format along with requisite information and relevant documents within two weeks before the Town Vending Committee of Bhubaneswar Municipal Corporation for issuance of Certificate of Vending, the same shall be considered in accordance with law within four weeks therefrom, and the decision taken shall be communicated to the Petitioner forthwith.ratio¶24

Detailed headnote1 paragraphs

W.P.(C). No.27015 of 2024, High Court of Orissa at Cuttack (Justices K.R. Mohapatra and Sanjay Kumar Mishra), decided 05.02.2025 — Dola Gobinda Jena v. State of Odisha & ors.: The Petitioner sought a direction to the Bhubaneswar Municipal Corporation for issuance of a Certificate of Vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vending), 2014, claiming that he had been identified as a street vendor in a survey under Section 3(1) of the Act and that an application for a certificate under Section 4 had been made. Counsel for the Municipal Corporation contended that no application under sub-section (2) of Section 4 had been submitted to the Town Vending Committee (Opposite Party No.3) and that the documents annexed to the writ petition were not genuine. The Court found no material on record to ascertain whether the annexed documents were in fact issued by the Bhubaneswar Municipal Corporation and no proof that the application in Form No. II was in fact submitted before the Town Vending Committee; it therefore declined to grant the prayer at that stage and disposed of the writ petition with a direction that a fresh application in proper format with requisite information and relevant documents, made within two weeks before the Town Vending Committee, be considered in accordance with law within four weeks therefrom, with the decision communicated to the Petitioner forthwith.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO.27015 OF 2024

Dola Gobinda Jena

…. Petitioner

Mr. Asit Kumar Jena, Advocate

-versus-

State of Odisha & ors.

…. Opp. Parties

Mr. U.C. Beura, AGA (for Opposite Party No.1) Mr. Manoj Kumar Panda, Advocate (for Opposite Party Nos. 2 & 3)

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

05.02.2025

This matter is taken up through hybrid mode.

Petitioner in this writ petition prays for a direction to the Bhubaneswar Municipal Corporation for issuance of Certificate of Vending under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending), 2014 (for brevity ‘the Act’.)

Mr. Jena, learned counsel for the Petitioner submits that application in proper format was submitted by the Petitioner to recognize him as a street vendor and to issue Certificate of Vending under Section 4 of the Act. It is further submitted that the Petitioner was identified as a street vendor pursuant to survey conducted under Section 3(1) of the Act. But, most unfortunately, no certificate under Section 4 has yet been issued. Hence, this writ petition has been filed.

Mr. Panda, learned counsel appearing for Bhubaneswar Municipal Corporation submits that a person intending to be issued with a Certificate of Vending, should make an application before the Town Vending Committee under sub-section (2) of Section 4 of the Act. No such application appears to have been submitted to the Town Vending Committee of Bhubaneswar Municipal Corporation (Opposite Party No.3) by the Petitioner. Thus, question of issuance of Certificate of Vending in favour of the Petitioner does not arise at all. It is further submitted that documents annexed to the writ petition are not genuine. If the Petitioner intends to be issued with a Certificate of Vending, he should make an application in proper format with relevant documents and information and in that event, the Competent Authority will be in a position to consider such application in accordance with law.

Upon hearing learned counsel for the Parties and on perusal of the record, this Court finds no material on record to ascertain as to whether the documents annexed to the writ petition was in fact issued by the Bhubaneswar Municipal Corporation or not. There is also no proof that application in Form No. II was in fact, submitted before the Town Vending Committee of Bhubaneswar Municipal Corporation.

In view of the above, this Court in not in a position to grant the prayer made in the writ petition at this stage.

Accordingly, the writ petition is disposed of with a direction that in the event, the Petitioner makes an application in proper format along with requisite information and relevant

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documents within a period of two weeks hence before Town Vending Committee of Bhubaneswar Municipal Corporation for issuance of Certificate of Vending, the same shall be considered in accordance with law within a period of four weeks therefrom and decision taken thereof shall be communicated to the Petitioner forthwith.

Judge

(S.K.Mishra)

Banita

Judge

Signature Not Verified

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Feb-2025 17:31:57

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