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

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

What the court decided

AI extract

Outcome

Direction to the Town Vending Committee, Bhubaneswar Municipal Corporation (Opposite Party No.3) to consider the petitioner's Form II application for a street vending certificate, upon production of a certified copy of this order together with a copy of the said application, as expeditiously as possible within one month, in accordance with law, and to communicate the decision to the petitioner forthwith.

Issue for consideration

Whether the petitioner is entitled to protection under the Street Vendors Act, 2014 and the Odisha Street Vendors Scheme, 2015, and a direction that she not be evicted from the place where she runs her business and earns her livelihood. +1 more

Court's answer

The Bench held that keeping the matter pending before the Court awaiting instructions from the Bhubaneswar Municipal Corporation would not serve any purpose.

Ratio / Principle

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.

Key takeaways

On production of a certified copy of this order along with a copy of the application stated to have been filed in Form II of the Scheme, the Town Vending Committee, Bhubaneswar Municipal Corporation (Opposite Party No.3) shall consider the application for issuance of a street vending certificate as expeditiously as possible within one month, in accordance with law, and communicate the decision taken thereon to the petitioner forthwith.ratio¶¶18

Detailed headnote1 paragraphs

W.P.(C) No.10456 of 2026 (High Court of Orissa at Cuttack, K.R. Mohapatra & Sanjay Kumar Mishra JJ., order dated 09.04.2026): Petitioner Sumita Pagal, running a Mobile Repairing Shop at Ward No.2, Subhadra Apartment, Nandan Vihar/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, praying for a direction not to be evicted from her place of business. She held only a provisional trade licence valid for 15 days from 04.04.2026, and her application in Form II of the Scheme for a street vending certificate, submitted on 03.04.2026 to the Town Vending Committee, Bhubaneswar Municipal Corporation (Opposite Party No.3), was pending while steps were being taken to evict her. The Court, noting that awaiting instructions from the Corporation would serve no purpose, disposed of the Writ Petition without expressing any opinion on the merits, directing that on production of a certified copy of the order with a copy of 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. Urgent certified copy on proper application.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10456 of 2026

Sumita Pagal …. Petitioner

Mr. Prateek Dash, Advocate

-versus-

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

CORAM:

JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

01.

09.04.2026

This matter is taken up through Hybrid Mode.

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 her from the place where she is running her business and earning livelihood.

It is submitted by Mr. Dash, learned counsel for the Petitioner that the Petitioner is running a Mobile Repairing Shop in Ward No.2, Subhadra Apartment, Nandan Vihar, Bansi Vihar, KIIT, Bhubaneswar, Khordha, Odisha, 751024 and is earning her livelihood. He was issued with a provisional certificate of trade license which was valid for a period of 15 days with effect from 4^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 her favour and settle her at any vending zone. The application in Form II was submitted on

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3^rd April, 2026 which is still pending with the Authority. During pendency of the said application, steps are being taken to evict her from the place, where she is running her business and earning livelihood. Thus, finding no other alternative, this Writ Petition has been filed.

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.

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.

Urgent certified copy shall be granted on proper application.

(K.R. Mohapatra) Judge

(S.K. Mishra) Judge

Sashikant

Signature Not Verified

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

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