Pramod Kumar Khuntia Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Pramod Kumar Khuntia Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without entering merits; Town Vending Committee of Bhubaneswar Municipal Corporation directed to consider the Petitioner's application filed in Form-II of the Act and Scheme as expeditiously as possible, preferably within four weeks from production of certified copy of the order, and to communicate the decision to the Petitioner forthwith. No direction for issuance of a street vending licence or against eviction was granted.

Issue for consideration

Whether the Petitioner is entitled to a direction to the Authorities under Bhubaneswar Municipal Corporation for issuance of a Street Vending License under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Odisha Street Vendors Scheme, 2015, and not to be evicted till his case is considered. +1 more

Court's answer

Without delving into the merits, the Court disposed of the writ petition directing that the application filed in Form-II of the Act and Scheme be considered by the Town Vending Committee of Bhubaneswar Municipal Corporation as expeditiously as possible, preferably within four weeks from production of certified copy of the order, and that the decision be communicated to the Petitioner forthwith.

Ratio / Principle

This Court found no material on record to come to a definite conclusion that the Petitioner is a street vendor; the certificate of trade license (Annexure-1 series) showed he ran a Plastic, Steel & Silver Store at Kalarahanga, Nandankanan Road, Bhubaneswar from 13 January 2022 to 31 March 2024.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (K.R. Mohapatra and Sanjay Kumar Mishra, JJ.), W.P.(C) No. 6212 of 2025, decided 05.03.2025 - Street vending: Petitioner, previously holder of a provisional trade licence (13.01.2022 to 31.03.2024) for a Plastic, Steel & Silver Store at Kalarahanga, Nandankanan Road, Bhubaneswar, prayed for a direction to the Bhubaneswar Municipal Corporation authorities for issuance of a Street Vending License under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Odisha Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015, and non-eviction till his case was considered; his representation (Annexure-2 series) filed on 23.02.2025 had not been considered, and no survey under Section-3 of the Act had been conducted by the Town Vending Committee. Finding no material on record to conclude that the Petitioner was a street vendor, the Court, without delving into merits, disposed of the writ petition, directing the Town Vending Committee to consider the application filed in Form-II of the Act and Scheme expeditiously, preferably within four weeks of production of certified copy of the order, and to communicate its decision forthwith.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). NO.6212 OF 2025

Pramod Kumar Khuntia …. Petitioner

Mr. Debidutta Mohapatra, Advocate

-versus-

State of Odisha and others …. Opp. Parties

Mr. Pradeep Kumar Sahoo, Additional Standing Counsel (For Opposite Party No.1) Mr. Arnav Das, Advocate (For BMC)

CORAM:

JUSTICE K.R. MOHAPATRA

JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

05.03.2025

1. This matter is taken up through hybrid mode.

Petitioner in this writ petition prays for a direction to the Opposite Parties, more particularly, to the Authorities under Bhubaneswar Municipal Corporation for issuance of Street Vending License under the provision of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, (for brevity, ‘the Act’) and Odisha Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015, (for brevity, ‘the Scheme’) and not to evict him till his case is considered.

Mr. Mohapatra, learned counsel submits that the Petitioner was having a Plastic, Steel & Silver Store, namely, Maa Jagulai Plastic, Steel & Silver Store at Kalarahanga,

Page 1 of 3

Nandankanan Road, Bhubaneswar in the district of Khordha. He was also issued with a provisional certificate of Trade License on 13^th January, 2022, which was valid till 31^st March, 2024. Thereafter, the Petitioner is earning his livelihood by running his business on the street. No survey of street vendors as required under Section-3 of the Act has yet been conducted by the Town Vending Committee of Bhubaneswar Municipal Corporation. As such, his application for grant of certificate of street vending vide representation under Annexure-2 series filed on 23^rd February, 2025 has not yet been considered. He, therefore, submits that the Petitioner may be permitted to run his business of Plastic, Steel & Silver Store near Nandan Vihar till his application for grant of certificate of street vending is considered.

Mr. Das, learned counsel submits that he has instruction to appear on behalf of Bhubaneswar Municipal Corporation. It is his submission that there is no material on record that the Petitioner is a street vendor. The certificate of trade license granted to the Petitioner under Annexure-1 series was in respect of Kalarahanga, Nandankanan road, Bhubaneswar. If the Petitioner has made any application for grant of certificate of street vending, the same shall be considered in accordance with law. He, therefore, prays for dismissal of the writ petition.

Considering the rival contentions of the parties, this Court does not find any material on record to come to the definite conclusion that the Petitioner is a street vendor. On the other hand, certificate of trade license under Annexure-1

Page 2 of 3

series clearly discloses that the Petitioner was running a Plastic, Steel & Silver Store in Kalarahanga, Nandankanan Road, Bhubaneswar and was granted a certificate of trade license with effect from 13^th January, 2022 to 31^st March, 2024 (Annexure-1 series).

Hence, this Court without delving into the merits of the case of the Petitioner, disposes of the writ petition with a direction that the application filed in Form-II of the Act and Scheme shall be considered by the Town Vending Committee of Bhubaneswar Municipal Corporation as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order and the decision thereof shall be communicated to the Petitioner forthwith.

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

(K.R. Mohapatra) Judge

(S.K. Mishra)

Kanhu

Judge

Signature Not Verified

Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-Mar-2025 15:59:45

Page 3 of 3