Jayaram Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Jayaram Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Petitioner to make a fresh renewal application to the Town Vending Committee (OP No.3/BMC) by 06.03.2025; the Committee to consider it in accordance with law preferably within fifteen days and communicate the decision forthwith; any relocation only in accordance with Section 18 of the Act read with Clause-10 of the Scheme; and no eviction of the Petitioner till disposal of the renewal application filed within the stipulated time.

Issue for consideration

Whether the Petitioner, whose street vending certificate has expired and whose renewal application is pending, can be evicted by BMC and BDA from the site near Reliance Fresh, Station Bazar, Master Canteen Square, Bhubaneswar, where he runs his tea and betel shop, and whether he should be protected from eviction. +1 more

Court's answer

On perusal of record, the Court found that the certificate of street vending was last issued to the Petitioner from 2nd April, 2023 till 31st April, 2024, and it cannot be denied that the Petitioner was a street vendor.

Ratio / Principle

Since the Certificate of Street Vending (Annexure-1 series) had already been issued to the Petitioner, in absence of any material to the contrary it is presumed that the survey of street vendors before issuance of such certificate/license by the Town Vending Committee has been made.

Key takeaways

The Petitioner was to make a fresh application to the Town Vending Committee-Opposite Party No.3 of BMC for renewal of his Certificate of Street Vending by 6th March, 2025, in proper format along with relevant information and documents.ratio¶38
The fresh application shall be considered by the Town Vending Committee in accordance with law, as expeditiously as possible, preferably within a period of fifteen days therefrom, and the decision thereof shall be communicated to the Petitioner forthwith.ratio¶38

Detailed headnote1 paragraphs

Street Vendors — Protection of livelihood — Petitioner, running a tea and betel shop near Reliance Fresh, Station Bazar, Master Canteen Square, Bhubaneswar, held Certificates of Street Vending (last from 02.04.2023 to 31.04.2024, Annexure-1 series) and a BMC identity card/token No.410669; renewal application filed 20.03.2024 pending before the Town Vending Committee; apprehended eviction by BMC/BDA without notice. Held: on the record it cannot be denied that the Petitioner was a street vendor; since the certificate had been issued, survey under Section 3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is presumed to have preceded issuance, absent material to the contrary. Petitioner directed to move a fresh renewal application before the Town Vending Committee (OP No.3/BMC) by 06.03.2025 in proper format; the Committee to decide in accordance with law preferably within fifteen days and communicate the decision forthwith; any relocation to another vending zone only per Section 18 of the Act read with Clause-10 of the Odisha Street Vendors Scheme, 2015; no eviction till disposal of the renewal application. Writ petition disposed of (K.R. Mohapatra and S.K. Mishra, JJ., 20.02.2025).

Signature Not Verified

Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 24-Mar-2025 14:22:33

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 7888 OF 2024

Jayaram Pradhan

…. Petitioner

Mr. Debidutta Mohapatra, Advocate

-versus-

State of Odisha and others

Opp. Parties

Mr. Umesh Chandra Behura, Additional Government Advocate (For Opposite Party No.1)

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

Mr. Akash Acharya, Advocate (Opposite Party No.4- BDA)

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

20.02.2025

1. This matter is taken up through hybrid mode.

Petitioner in this writ petition seeks for a direction to restrain the Bhubaneswar Municipal Corporation (BMC) and Bhubaneswar Development Authority (BDA)- Opposite Party Nos.2 to 4 from evicting the Petitioner from the site near Reliance Fresh, Station Bazar, Master Canteen Square, Bhubaneswar (for short, ‘the case land’), where he is running his tea and betel shop and to direct Opposite parties to allow him to run his business for livelihood.

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 24-Mar-2025 14:22:33

Mr. Mohapatra, learned counsel for the Petitioner submits that the Petitioner was granted Certificate of Street Vending (Annexure-1 series) as per Clause-7.1 of the Odisha Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015 (for short, ‘the Scheme’) read with Section 3 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short, ‘the Act’). He was issued with the street vending certificate on 1^st August, 2020, which was valid till 1^st August, 2021. However, the Petitioner is running his business till date over the case land. He was also issued with street vending identity card and token No.410669 (Annexure-1 series) by the BMC. Very recently, the authorities of Opposite Party Nos.2 and 3 made an attempt to evict the Petitioner without issuing any notice. Hence, apprehending eviction, this writ petition has been filed.

3.1 It is his submission that the Petitioner has filed an application for renewal of his certificate of street vending on 20^th March, 2024 (Annexure-2 series), but no action has yet been taken on the same. Hence, he prays for a direction to Opposite Party Nos.2 and 3 to consider his application for renewal of certificate of streeting vending and to permit him to run his business at the same place.

Mr. Rath, learned counsel for the BMC relying on the counter affidavit filed today submits that no eviction drive has been undertaken by the BMC for eviction of the Petitioner. The Petitioner has unauthorizedly running his business on the case

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 24-Mar-2025 14:22:33

land, which is coming under the development area of Bhubaneswar city. Due to his unauthorized occupation, vehicular movement is seriously affected and the same is causing serious traffic issues so also hindrances in sanitation. Further, by the illegal act of the Petitioner, other persons are encouraged to encroach upon the land nearby Bhubaneswar Railway Station. He further submits that no application has been filed by the Petitioner for relocation of his shop to any vending zone. If any such application is filed under the Act and Scheme in vogue, the same shall be considered by the Town Vending Committee-Opposite Party No.3.

Mr. Acharya, learned Counsel for BDA submits that he has no submission to make in the present case, as BDA has no role to play in the eviction drive or relocation of the Petitioner in any vending zone.

Considering the submissions made by learned counsel for the parties and on perusal of record, this Court finds that certificate of street vending was last issued to the Petitioner from 2^nd April, 2023 till 31^st April, 2024 (Annexure-1 series). Thus, it cannot be denied that the Petitioner was a street vendor. However, the Petitioner has not made any application for renewal before expiry of the term of such certificate. Mr. Mohapatra, learned counsel for the Petitioner submits that the Petitioner has submitted application under Annexure-2 series for renewal of such certificate.

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 24-Mar-2025 14:22:33

Section 3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 clearly stipulates that there shall be a survey of all existing street vendors, within the area under the jurisdiction of the local body and subsequent survey shall be carried out at least once in every five years. Mr. Rath, learned counsel for BMC does not have any definite instruction as to whether any such survey has been carried out or not. Sub-section (3) of Section-3 clearly stipulates that no street vendor shall be evicted or, as the case may be, relocated till the survey specified under subsection (1) has been completed and the certificate of vending is issued to all street vendors.

Since the Certificate of Street Vending under Annexure-1 series has already been issued to the Petitioner; thus, in absence of any material to the contrary, it is presumed that survey of street vendors before issuance of such certificate/license by the Town Vending Committee has been made. However, the Petitioner has made application as per Clauses- 6(2), 7 (1) and 8(2) of the Scheme for renewal of his Certificate of Street Vending. Such an application is stated to be pending before the Town Vending Committee of the BMCOpposite Party No.3.

8.1 Thus, this Court feels that interest of justice will be best served if the Petitioner makes a fresh application to the Town Vending Committee-Opposite Party No.3 of BMC for renewal

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 24-Mar-2025 14:22:33

of his Certificate of Street Vending by 6^th March, 2025 in proper format along with relevant information and documents, the same shall be considered by the Town Vending Committee in accordance with law, as expeditiously as possible, preferably within a period of fifteen days there from and decision thereof shall be communicated to the Petitioner forthwith, which we direct. It is made clear that if the Town Vending Committee intends to relocate the Petitioner to any other vending zone, the same shall be done in accordance with the provision of Section 18 of the Act read with Clause-10 of the Scheme.

Till disposal of the application for renewal of the Certificate of Street Vending, if filed by the Petitioner within the time stipulated above, the Petitioner shall not be evicted from the place where he is running his business.

With the observation and direction, as aforesaid, the writ petition is disposed of.

(K.R. Mohapatra) Judge

s.s.satapathy

(S.K. Mishra) Judge

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