Rashmita Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Rashmita Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed with a direction: petitioner to file a fresh vending-certificate application under the Street Vendors Act, 2014 and Rules within two weeks with relevant documents; authorities to consider it expeditiously, preferably within one month, and communicate the decision forthwith; status quo as to continuance of her business to be maintained until disposal of such application (if filed in time). No opinion expressed on the merits.

Issue for consideration

Whether the petitioner, whose BMC trade licence has expired and whose street vending licence application of 20 March 2024 remains unconsidered, should be allowed/directed to be enabled to continue operating her Tiffin Stall at its present location (interwoven with her entitlement to a vending certificate under the Street Vendors Act, 2014). +1 more

Court's answer

If the petitioner intends to obtain a vending certificate, she must make a fresh application under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Rules framed thereunder, enclosing relevant documents and information.

Ratio / Principle

The writ petition is disposed of without expressing any opinion on the merits of the petitioner's case for being issued a vending certificate.

Key takeaways

A fresh application made within two weeks along with relevant information and documents shall be considered as expeditiously as possible, preferably within one month therefrom, and the decision shall be communicated to the petitioner forthwith.ratio¶32
Until disposal of the aforesaid application, if filed within the stipulated time, status quo with regard to continuance of the petitioner's business shall be maintained.ratio¶32

Detailed headnote1 paragraphs

Orissa High Court (K.R. Mohapatra & S.K. Mishra, JJ.) disposed of a writ petition by a tiffin-stall operator at Railway Station Square, Unit-III, Kharavela Nagar, Bhubaneswar who apprehended eviction. She held a BMC trade licence (issued 13.05.2023, lapsed 31.03.2024) and an unconsidered street vending licence application dated 20.03.2024; BMC denied receipt by the Town Vending Committee and contested her locus standi. Without expressing any opinion on the merits, the Court directed her to lodge a fresh application under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Rules framed thereunder, with relevant documents, within two weeks; such application is to be considered expeditiously, preferably within one month, with the decision communicated forthwith, and status quo of her business is to be maintained meanwhile. No precedent cited; no issue of merits decided.

Signature Not Verified

Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 19-Feb-2025 16:08:52

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 7883 OF 2024

Rashmita Behera

…. Petitioner

Mr. Debidutta Mohapatra, Advocate

-versus-

State of Odisha and others

Opp. Parties

Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party No.1)

Mr. Saibrata Rath, Advocate (For Opposite Party Nos.2 and 3)

Mr. Prabin Nayak, Advocate on behalf of Mr. Bimbisar Dash, Advocate (For Opposite Party No.4)

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

18.02.2025

This matter is taken up through hybrid mode.

The Petitioner apprehending eviction of her Tiffin Stall has filed this writ petition seeking for a direction to allow her to continue her business in the place, where the said Stall is operating.

Mr. Mohapatra, learned counsel submits that the Petitioner was issued with a Certificate of Trade License by the Commissioner of Bhubaneswar Municipal Corporation (BMC) on 13^th May, 2023 (Annexure-1), which was valid till 31^st March, 2024. The Petitioner is running such Tiffin Stall at Railway Station Square, Unit-III, Kharavela Nagar, Bhubaneswar. The Petitioner was paying miscellaneous charges for occupying the

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 19-Feb-2025 16:08:52

place and running her business. The case of the Petitioner was recommended by the Ministry of Housing and Urban Affairs, Government of India to avail the benefit under PMSVA Nidhi Scheme. The Petitioner made an application on 20^th March, 2024 in the prescribed format to issue street vending license in her favour, which is yet to be considered. Hence, this writ petition has been filed for the aforesaid relief.

Mr. Rath, learned counsel for Bhubaneswar Municipal Corporation submits that no such application has yet been received by the Town Vending Committee of Bhubaneswar Municipal Corporation (BMC). Copy of the said application annexed to the writ petition as Annexure-2 does not bear any signature in token of receipt of such application. Although the application is stated to have been filed on 20^th March, 2024, immediately thereafter the writ petition has been filed on 3^rd April, 2024. The Petitioner has no locus standi to be issued with a street vending license. Hence, the writ petition being devoid of any merit should be dismissed.

Considering the submissions made by learned counsel for the parties, this Court feels that if the Petitioner intends to get vending certificate under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Rules framed thereunder, she should make a fresh application in that regard enclosing relevant documents and information.

Accordingly, this Court without expressing any opinion on the merits of the case of the Petitioner for being issued with a vending certificate, disposes of this writ petition with a direction

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Signature Not Verified

Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 19-Feb-2025 16:08:52

that in the event the Petitioner makes a fresh application under the provisions of the aforesaid Act and Rules within a period of two weeks along with relevant information and documents, the same shall be considered as expeditiously as possible preferably within a period of one month therefrom and decision thereof shall be communicated to the Petitioner forthwith. Till disposal of the aforesaid application, if filed within the time stipulated, as above, status quo with regard to continuance of the business of the Petitioner shall be maintained.

(K.R. Mohapatra) Judge

s.s.satapathy

(S.K. Mishra) Judge

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