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MD Rauf v. State of Odisha

Orissa HC8 Apr 2025WP(C)/6397/2025

Case brief

AI extract

What is this about?

Street vendors; protection of occupation; contemplated eviction; Bhubaneswar Municipal Corporation; Town Vending Committee; Street Vendors (Protection of Livelihood and Regulation of Street vending) Act, 2015; Annexure-1 series applications; licence; livelihood; Subhadra Market Complex, Nandankanan Road, Bhubaneswar; consideration within one month; certified copy; decision communicated forthwith; writ petition disposed without merits opinion; Orissa High Court; K.R. Mohapatra; Sanjay Kumar Mishra; 08.04.2025; W.P.(C) No.6397 of 2025.

What did the court decide?

Direction to the Town Vending Committee, Bhubaneswar Municipal Corporation: if the Petitioners' Annexure-1 series applications are still pending, consider them in accordance with law within one month from production of certified copy of the order and communicate the decision to the Petitioners forthwith.

MD Rauf Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioners' occupation of the place where they run their street-vending businesses should be protected, in view of the contemplated eviction by Bhubaneswar Municipal Corporation authorities. +1 more

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Ratio / Principle

The Court disposed of the writ petition with a direction that, if the Petitioners' applications under Annexure-1 series are still pending with the Town Vending Committee, Bhubaneswar Municipal Corporation, they shall be considered in accordance with law within one month from the date of production of certified copy of the order, and the decision shall be communicated to the Petitioners forthwith.

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Key takeaways

In disposing of the writ petition, the Court expressly refrained from expressing any opinion on the merits of the Petitioners' case.ratio¶22

Detailed headnote1 paragraphs

Orissa High Court, W.P.(C) No.6397 of 2025, order dated 08.04.2025 (K.R. Mohapatra and Sanjay Kumar Mishra, JJ.). Five street vendors running shops (mattress, beetle, bike repairing, hardware and air-conditioner repairing) near Subhadra Market Complex, Nandankanan Road, Bhubaneswar, who are not yet recognised as Street Vendors under the Street Vendors (Protection of Livelihood and Regulation of Street vending) Act, 2015, prayed for protection of their occupation against contemplated eviction by Bhubaneswar Municipal Corporation authorities. Their individual applications (Annexure-1 series) for recognition/licence were pending before the Town Vending Committee, BMC. Without expressing any opinion on the merits, the Court disposed of the writ petition, directing that if those applications remain pending they shall be considered in accordance with law within one month from production of certified copy of the order, and the decision communicated to the Petitioners forthwith.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO.6397 OF 2025

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Md Rauf & others

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Petitioners

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Mr. Debidutta Mohapatra, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr.Umesh Chandra Behura, Additional Government Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA

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JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

08.04.2025

01. 1. This matter is taken up through hybrid mode.

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Petitioners in this writ petition pray for a direction to protect their occupation of the place, where they are running their business as Street Vendors.

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Mr. Mohapatra, learned counsel for the Petitioners submits that all the Petitioners are Street Vendors and are running their business near Subhadra Market Complex, Nandankanan Road, Bhubaneswar. Petitioner No.1 is running a Mattress Shop, Petitioner No.2 is running a Bettle Shop, Petitioner No.3 is running a Bike Repairing Shop, Petitioner No.4 is running a Hardware Shop and Petitioner No.5 is running an Air Conditioner Repairing Shop. They are earning their livelihood from the said business. Recently, the authorities under the Bhubaneswar Municipal Corporation contemplated their eviction from the place, where they are

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running their business. Hence, finding no other alternative they have filed this writ petition .

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It is submitted by Mr. Mohapatra, learned counsel for the Petitioners that although the Petitioners have not yet been recognised as Street Vendors under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street vending) Act, 2015 (for brevity, ‘the Act’) and Rules as well as the Scheme framed thereunder, but they have made individual applications under Annexure-1 series to the Town Vending Committee, Bhubaneswar Municipal Corporation (BMC) to consider their case and grant them license under the aforesaid Act to run their business. The same are still pending with the authority. He, therefore, prays for a direction to consider their applications and protect their possession till their applications are considered.

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Mr. Manoj Kumar Panda, learned counsel submits that he has instructions to appear on behalf of Bhubaneswar Municipal Corporation. It is his submission that the Petitioners are forcibly occupying the places, where they are running their business. In spite of several requests, they are not vacating the place, which creates traffic congestion and other inconveniences to the Bhubaneswar Municipal Corporation for sanitation etc. He, however, submits that if the Petitioners have made application in proper format for being recognised as Street Vendors under the provisions of the Act, the same would be considered in accordance with law.

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In view of the above, this Court without expressing any opinion on the merits of the case of the Petitioners

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Page 2 of 3

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disposes of the writ petition with a direction that if the applications of the Petitioners as under Annexure-1 series are still pending with the Town Vending Committee, Bhubaneswar Municipal Corporation, the same shall be considered in accordance with law within a period of one month from the date of production of certified copy of this order and decision thereof shall be communicated to the Petitioners forthwith.

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(K.R. Mohapatra) Judge

(S.K. Mishra)

Judge

Mona

Signature Not Verified

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Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2025 17:52:41