Disposed¶26

Sunil Kumar Rout v. State of Odisha

Orissa HC6 Feb 2025WP(C)/4406/2024

Case brief

AI extract

What is this about?

Orissa High Court writ petition W.P.(C) No.4406 of 2024 (order dated 06.02.2025), Sunil Kumar Rout v. State of Odisha: street vendor/fast food stall at Ashok Nagar, Bhubaneswar; Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; Section 4(1); Town Vending Committee; certificate of vending; survey 2015 token No.410463; no street vending licence objection; Bhubaneswar Municipal Corporation (BMC); interim protection against coercive eviction; application to be considered preferably within three weeks.

What did the court decide?

Direction to Opposite Party No.3/Town Vending Committee to consider and timely dispose of the Petitioner's Section 4(1) vending certificate application upon filing within two weeks, and interim restraint barring BMC from coercive eviction until disposal of that application. ¶26

Sunil Kumar Rout Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the Petitioner may be allowed to continue his fast food stall at Ashok Nagar, Bhubaneswar, and obtain issuance of a Street Vending Certificate under Section 4(1) of the Street Vendors Act, 2014 through the Town Vending Committee.

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Court's answer

The writ petition is disposed of with a direction that if the Petitioner makes an application in proper format before the Town Vending Committee for issuance of a Street Vending Certificate under Section 4(1) of the Act within two weeks, along with requisite information and relevant documents, Opposite Party No.3 shall consider and dispose of the application as expeditiously as possible, preferably within three weeks thereafter, and communicate the decision to the Petitioner forthwith.

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Ratio / Principle

As interim protection, until disposal of the Petitioner's application (if filed within the stipulated time), no coercive measure for eviction shall be taken by the Bhubaneswar Municipal Corporation (BMC) from the place where the Petitioner runs his business.

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Detailed headnote1 paragraphs

High Court of Orissa (W.P.(C) No.4406 of 2024, decided 06.02.2025; Coram: Justices K.R. Mohapatra and Sanjay Kumar Mishra) disposed of a writ petition by a fast-food vendor operating a stall at Ashok Nagar, Bhubaneswar since 2015, who was identified in the 2015 street-vendor survey and held Token No.410463 but possessed no Street Vending Licence. The Court directed that, if the petitioner applies to the Town Vending Committee under Section 4(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 within two weeks with requisite information and documents, Opposite Party No.3 shall consider and dispose of the application expeditiously (preferably within three weeks) and communicate the decision forthwith. Pending disposal of such an application, BMC was restrained from taking any coercive eviction measures against the stall.

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 07-Feb-2025 10:57:37

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). NO.4406 OF 2024

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Sunil Kumar Rout

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…. Petitioner

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Mr. Debidutta Mohapatra, Advocate

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-versus-

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State of Odisha and others …. Opp. Parties

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Mr. Swayambhu Mishra, Additional Standing Counsel Mr. Niranjan Panda, Advocate (For Opp. Party Nos.2 and 3)

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

06.02.2025

1. This matter is taken up through hybrid mode.

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Petitioner in this writ petition seeks for a direction to the Opposite Parties to allow him to continue his fast food stall at Ashok Nagar, Bhubaneswar.

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It is submitted by Mr. Mohapatra, learned counsel that the Petitioner is running his fast food stall at the aforesaid place since 2015. The Petitioner has already been identified in the survey of 2015 made under the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity ‘the Act’) and Token bearing No.410463 (Annexure-2) has been issued in his favour. Recently, the Petitioner apprehended eviction of his fast food stall. Hence, finding no other alternative, this writ petition has been filed.

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Mr. Mohapatra, learned counsel for the Petitioner submits that the Petitioner is proposing to file an application for issuance of certificate of vending under the Act and prevalent scheme.

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Mr. Panda, learned counsel for the Opposite Party Nos.2 and

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3 vehemently objects to the same and submits that the Petitioner

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 07-Feb-2025 10:57:37

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does not have any Street Vending License. Thus, he is not entitled to continue the fast food stall at the spot where he is running his business. He, however, submits that if an application for issuance of Street Vending Certificate under the Act is filed, the same will be considered in accordance with law.

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In view of the above, this writ petition is disposed of with a direction that in the event, the Petitioner makes an application in proper format before the Town Vending Committee for issuance of Street Vending Certificate under Section 4(1) of the Act within a period of two weeks hence along with requisite information and relevant documents, Opposite Party No.3 shall do well to consider and dispose of the same as expeditiously as possible preferably within a period of three weeks therefrom and communicate the decision thereof to the Petitioner forthwith.

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Till disposal of the application of the Petitioner, if filed within the time stipulated above, no coercive measure for eviction of the Petitioner shall be taken by the Bhubaneswar Municipal Corporation (BMC) from the place where he is running his business.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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Rojalin

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(S.K.Mishra) Judge

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Page 2 of 2

Sunil Kumar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil Kumar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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