High CourtsDivision Bench(2023) 02 OHC CK 0047

Pralaya Kumar Swain And Others vs State Of Odisha And Others

Orissa High Court · Decided on 9 February 2023

HON’BLE JUDGES
Arindam Sinha, J · S. K. Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 3859 Of 2023

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 253 words

W.P.(C) no.3859 of 2023 and I.A. no.1714 of 2023

1.

Mr. Nanda, learned advocate appears on behalf of petitioners. He submits, his clients are street vendors carrying on their business at Northern Side of Bhoum Nagar Daily Market. No survey has been conducted. Apprehending eviction, on reason to believe that Bhubaneswar Municipal Corporation (BMC) is to demarcate and develop the area as a vending zone, they have moved this Court for direction on relocation or to settle shop rooms. To that end, his clients made representation dated 23rd January, 2023 to the Commissioner, Bhubaneswar Municipal Corporation (BMC). He prays for direction to consider the representation and protection in the meantime.

2.

Mr. Rout, learned advocate, Additional Government Advocate appears on behalf of State and submits, petitioners are not vendors. They are carrying on business without trade licence.

3.

We notice annexure-1 is disclosure of receipts issued by BMC. Since, petitioners’ want consideration of the representation, we are not inclined to direct issuance of notice on the corporation. It is true that petitioners have rushed to Court straightaway on making the representation. Nevertheless, opposite party no.2 is directed either through the office or cause consideration of said representation dated 23rd January, 2023, made by petitioners. Petitioners will communicate this order and copy of the representation to said opposite party. Status quo be maintained till two weeks after result of the consideration is made known to petitioners/learned advocate on their plea of priority allotment.

4.

The writ petition and the I.A. are disposed of.

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