Sukadev Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Sukadev Das 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 pending Form II application for a street vending certificate, upon production of a certified copy of the order with the application, as expeditiously as possible within one month, in accordance with law, and to communicate the decision to the Petitioner forthwith; no direct anti-eviction direction was issued and no opinion was expressed on the merits.

Issue for consideration

Whether the Petitioner should be protected from eviction from the place where he runs his business and earns his livelihood. +1 more

Ratio / Principle

Without expressing any opinion on the merits of the Petitioner's claim for issuance of a street vending certificate, the Court disposed of the Writ Petition with a direction that on production of a certified copy of the order along with a copy of the application filed in Form II of the Scheme, the application shall be considered by the Town Vending Committee, Bhubaneswar Municipal Corporation (Opposite Party No.3).

Key takeaways

The Town Vending Committee shall consider the application as expeditiously as possible within a period of one month from production of the certified copy of the order and the Form II application, in accordance with law, and the decision taken thereon shall be communicated to the Petitioner forthwith.ratio¶20

Detailed headnote1 paragraphs

W.P.(C) No.10460 of 2026, High Court of Orissa at Cuttack (coram: Justices K.R. Mohapatra and S.K. Mishra; order dated 09.04.2026). The Petitioner, running a Food Shop (Mahaveer Hotel) on government land at Bansi Vihar, Nandankanan Road, Bhubaneswar, Khordha, 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 application in Form II for a street vending certificate, submitted to the Town Vending Committee of Bhubaneswar Municipal Corporation on 03.04.2026, remained pending; he held only a provisional trade license valid 15 days from 05.04.2026. The Court, without expressing any opinion on the merits, disposed of the Writ Petition, directing that on production of a certified copy of the order along with the Form II application, the Town Vending Committee consider it as expeditiously as possible within one month, in accordance with law, and communicate its decision to the Petitioner forthwith.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10460 of 2026

Sukadev Das

…. 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 him from the place where he is running his business and earning livelihood.

It is submitted by Mr. Dash, learned counsel for the Petitioner that the Petitioner is running a Food Shop (Mahaveer Hotel) in Ward No.2, Government Land, Bansi Vihar, Nandankanan Road, 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

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at any vending 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.

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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