Ramesh Chandra Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 14749 OF 2022 Ramesh Chandra Jena ....
Petitioner Mr. Srinivas Mohanty, Advocate -versusState of Odisha and others ....
Opp. Parties Mr. Janmejaya Katkia, Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA JUSTICE M.S. RAMAN
ORDER
Order No.
17.06.2022 01.
1.
This matter is taken up through hybrid mode.
2.
The Petitioner in this writ petition seeks to assail the action of the Bhubaneswar Municipal Corporation (BMC) in taking coercive measure for eviction of vegetable shop of the Petitioner situated at Ward No.8, Mangala Mandir Chhak, Sailashree Vihar, Bhubaneswar in the district of Khurda.
3.
It is submitted by Mr. Mohanty, learned counsel for the Petitioner that the Petitioner is running his vegetable shop at Ward No.8, Mangala Mandir Chhak, Sailashree Vihar, Bhubaneswar since 2000.
4.
It is further submitted that in furtherance of assurance of BMC authority in consonance with Sections 3 and 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 a survey was conducted in other areas of Bhubaneswar and street vendors certificate and identity cards have been issued, but the area where Petitioner is running his shop has not been surveyed. Instead BMC authorities are threatening time and again to evict the shop of the Petitioner. Finding no other
// 2 // alternative, the Petitioner has approached this Court by filing the present writ petition.
5.
Mr. Katkia, learned Additional Government Advocate for the State submits that since the Petitioner alleges coercive action by the BMC, he may approach the appropriate authority of the BMC for redressal of his grievances.
6.
Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on merit of the case of the Petitioner disposes of this writ petition with a direction that in the event the Petitioner submits a representation to the Commissioner, BMC-Opposite Party No.3 along with relevant documents and information within a period of two weeks hence along with certified copy of this order, he shall do well to consider and pass a reasoned order thereon in accordance with law as expeditiously as possible preferably within a period of four weeks therefrom and intimate the same to the Petitioner. 7.
Till disposal of such representation, if filed within the period stipulated hereinabove, no coercive action shall be taken for eviction of the Petitioner from vegetable shop at Ward No.8, Mangala Mandir Chhak, Sailashree Vihar, Bhubaneswar, if not already evicted in the meantime.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Vacation Judge (M.S. Raman) Vacation Judge ms