Sk Kayem Ali Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Sk Kayem Ali 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 within one month of production of a certified copy of the order, in accordance with law, and to communicate the decision to the petitioner forthwith; urgent certified copy to be granted on proper application.

Issue for consideration

Whether the petitioner, whose Form II application for a street vending certificate before the Town Vending Committee, Bhubaneswar Municipal Corporation is pending, should be protected from eviction from the place where he runs his business and earns his livelihood.

Ratio / Principle

The Court felt that keeping the matter pending before it awaiting instruction from the Bhubaneswar Municipal Corporation would not serve any purpose.

Key takeaways

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.ratio¶19
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, and communicate the decision taken to the petitioner forthwith.ratio¶19

Detailed headnote1 paragraphs

Street vendor (Sk Kayem Ali) running a Home Enterprises Shop (Mahaveer Hotel) in Ward No.2, 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 before the Town Vending Committee, Bhubaneswar Municipal Corporation (Opposite Party No.3) remained pending. In W.P.(C) No.10465 of 2026, decided on 09.04.2026, the High Court of Orissa at Cuttack disposed of the writ petition without expressing any opinion on the merits, directing that on production of a certified copy of the order along with a copy of the Form II application, the Town Vending Committee shall consider the application 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.10465 of 2026

Sk Kayem Ali …. 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 Home Enterprises Shop (Mahaveer Hotel) in Ward No.2, 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 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 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.

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.

Sashikant Signature Not Verified

Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: OHC Date: 10-Apr-2026 10:27:04

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