Disposed¶18

Chandrakanta Pagal v. State of Odisha

Orissa HC9 Apr 2026WP(C)/10441/2026

Case brief

AI extract

What is this about?

Street vendor; eviction protection; Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; Odisha Street Vendors Scheme, 2015; Form II application; Town Vending Committee; Bhubaneswar Municipal Corporation; direction to decide within one month; disposed without opinion on merits; W.P.(C) No.10441 of 2026; High Court of Orissa at Cuttack; K.R. Mohapatra; S.K. Mishra.

What did the court decide?

Direction to the Town Vending Committee, Bhubaneswar Municipal Corporation (Opposite Party No.3) to consider the Petitioner's pending Form II application for a street vending certificate, upon production of a certified copy of the order, within one month in accordance with law, and to communicate the decision to the Petitioner forthwith; no opinion expressed on the merits. ¶18

Chandrakanta Pagal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, whose application in Form II for issuance of a street vending certificate is pending before the Town Vending Committee, Bhubaneswar Municipal Corporation, is entitled to protection from eviction from the place where he runs his business and earns his livelihood.

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Court's answer

The Court disposed of the Writ Petition without expressing any opinion on the merits of the Petitioner's case for issuance of a street vending certificate in his favour.

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Ratio / Principle

On production of a certified copy of the order together with a copy of the Form II application, the Town Vending Committee, Bhubaneswar Municipal Corporation (Opposite Party No.3) shall consider the application as expeditiously as possible, within one month therefrom, in accordance with law.

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Key takeaways

The decision taken on the Form II application shall be communicated to the Petitioner forthwith.ratio¶18

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.10441 of 2026, decided 09.04.2026) — Chandrakanta Pagal, running a Mobile Spare Parts Shop at Ward No.2, Government Land, Bansi Vihar, KIIT, Bhubaneswar, sought protection 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 against eviction while his Form II application for a street vending certificate, filed on 3rd April, 2026 before the Town Vending Committee, Bhubaneswar Municipal Corporation, remained pending. Held (K.R. Mohapatra and S.K. Mishra, JJ.): the Writ Petition was disposed of without expressing any opinion on the merits, with a direction that on production of a certified copy of the order along with the Form II application, the Town Vending Committee shall consider it as expeditiously as possible within one month, in accordance with law, and communicate its decision to the Petitioner forthwith.

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10441 of 2026

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Chandrakanta Pagal …. Petitioner

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Mr. Prateek Dash, Advocate

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-versus-

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State of Odisha & Others …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

01.

09.04.2026

This matter is taken up through Hybrid Mode.

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Petitioner in this Writ Petition seeks protection under the 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 prays for a direction not to evict him from the place where he is running his business and earning livelihood.

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It is submitted by Mr. Dash, learned counsel for the Petitioner that the Petitioner is running a Mobile Spare Parts Shop in Ward No.2, Government Land, Bansi Vihar, KIIT, Bhubaneswar, Khordha, Odisha, 751024 and is earning his livelihood. He was issued with a provisional certificate of trade license which was valid for a period of 15 days with effect from 5^th April, 2026. The Petitioner has filed an application before the Town Vending Committee of Bhubaneswar Municipal Corporation (Opposite Party No.3) to issue certificate of street vending in his favour and settle him at any vending

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zone. The application in Form II was submitted on 3^rd April, 2026 which is still pending with the Authority. During pendency of the said application, steps are being taken to evict him from the place, where he is running his business and earning livelihood. Thus, finding no other alternative, this Writ Petition has been filed.

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Taking note of the submission made by Mr. Dash, learned counsel for the Petitioner and the order proposed to be passed, we feel that keeping the matter pending before this Court awaiting instruction from the Bhubaneswar Municipal Corporation will not serve any purpose.

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Accordingly, the Court without expressing any opinion on the merits of the case of the Petitioner for issuance of a street vending certificate in his favour, disposes of the Writ Petition with a direction that on production of certified copy of this order along with a copy of application stated to have been filed in Form II of the Scheme for issuance of street vending certificate, the same shall be considered by the Town Vending Committee, Bhubaneswar Municipal CorporationOpposite Party No.3 as expeditiously as possible within a period of one month therefrom, in accordance with law and decision taken thereon shall be communicated to the Petitioner forthwith.

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Urgent certified copy shall be granted on proper application.

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(K.R. Mohapatra) Judge

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(S.K. Mishra) Judge

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Sashikant

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: OHC Date: 10-Apr-2026 10:27:03