Reason: Authentication

Location: High Court of Orissa, Cuttack

Date: 07-Jan-2026 13:56:50

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 26897 OF 2025

….

Raju Kumar Petitioner

Mr. Subash Chandra Puspalaka, Advocate

-versus-

….

State of Odisha and others Opp. Parties

Mr. Sabita Ranjan Pattanaik,

Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

JUSTICE SAVITRI RATHO

ORDER

Order No. 05.01.2026

6. 1. This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition prays for protection from eviction from the place where he is running his business

and earning his livelihood.

3. Mr. Puspalaka, learned counsel submits that the Petitioner is a street vendor. But, he has not been issued with a Certificate of Street Vending under Para-6(2) of the Scheme prepared under the Street Vending (Protection of livelihood and Regulation of Street Vending) Act, 2014 (for brevity, ‘the

Act’) till date.

4. On payment of requisite fees to Bhubaneswar Municipal Corporation (for brevity, ‘the BMC’), the Petitioner Petitioner is running his shop till date. Recently, the BMC

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jan-2026 13:56:50 contemplated to evict the street vendors without complying with the provisions of the Act. No notice as required under Section 18 of the Act has been served on the Petitioner, as yet.

5. It is further submitted by Mr. Puspalaka, learned counsel for the Petitioner that very recently, the Petitioner has applied for issuance of the Certificate of Street Vending, which is pending with the Town Vending Committee, BMC-Opposite Party No.3. Without considering the same, the BMC is threatening eviction of the Petitioner. Hence, finding no other alternative, this writ petition has been filed.

6. Mr. Pattanaik, learned Additional Government Advocate submits that although it is stated that the renewal application was sent to BMC, but there is no material on record to ascertain that it was received by the Town Vending Committee, BMC. If the Petitioner has submitted the application for renewal of the Street Vending Certificate, he may pursue the same with the BMC. It is further submitted that there is no material on record in support of the submission of Mr. Puspalaka, learned counsel for the Petitioner that steps have been taken for eviction. Hence, he submits that the writ petition is premature and is liable to be dismissed.

7. It is submitted by Mr. Puspalaka, learned counsel for the Petitioner that although the Petitioner had not received Certificate of Street Vending, but the Petitioner is still running submitted by Mr. Puspalaka, learned counsel for the Petitioner that an application for issuance of the Certificate of Street Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jan-2026 13:56:50 Vending has been submitted to the Town Vending Committee, BMC, which is pending for consideration.

8. In view of the above, this Court without expressing any opinion on the merits of the case of the Petitioner before the Town Vending Committee, Bhubaneswar Municipal Corporation-Opposite Party No.3, disposes of the writ petition with a direction that if the Petitioner files a fresh application for issuance of Certificate of Street Vending, complete in all respect, within a period of two weeks hence along with certified copy of this order, the Town Vending Committee, BMC- Opposite Party No.3 shall do well to consider the same in accordance with law preferably within a period of one month from the date of filing of such application and communicate the decision taken therein to the Petitioner forthwith.

Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra)

(Savitri Ratho)