Jitendra Kumar Sahoo v. Prem Chand Choudhary

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No. 5263 of 2020 ....

Petitioners Jitendra Kumar Sahoo and Others Mr. Srinivas Mohanty, Advocate -versusPramod Prusty, Zonal Deputy Commissioner, Bhubaneswar Municpal Corporation, Bhubaneswar ....

Opp. Party Mr. Lalatendu Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO Order No.

ORDER (Oral) 04.01.2022 03.

1. This matter is taken up by hybrid mode.

2. Seventy Petitioners claiming to be the street vendors in the area At-left side of Vani Vihar to Maharsi Chhaka, Near Sahid Nagar Durga Puja Samiti, Raupali Chhaka, Sahidnagar Bhubaneswar, Khurda had filed WP(C) No. 27425 of 2019 seeking a mandamus for rehabilitation under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (in short 'the Act, 2014') before evicting them from their present place of business. The said writ petition was disposed of by the order dated 17.09.2019, with the

// 2 // direction to Opposite Party No.3-Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar, Khurda to decide their claims under the Act, 2014, in case they appear before him within a period of 15 days. The said decision was to be taken regarding rehabilitation within a period of two months from the date of their appearance. It is alleged that since the needful was not done, the present CONTC has been filed.

3.

Upon notice, a compliance affidavit dated 17.11.2021 by the Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar, has been filed. In the said affidavit, it is averred that in compliance of the direction dated 17.09.2019, a detailed order dated 29.04.2021 has been passed, wherein, out of 17 Petitioners, 3 persons have been identified during the survey, as to be the occupants of the area in question.

4. It is stated that the said identified persons shall be rehabilitated in a vending zone as earmarked under the Act, 2014.

5. Mr. B. K. Dash, counsel for the Opposite Party submits that in view of the aforesaid order, remaining 14 persons, who have not been identified during the survey having already filed separate writ petition, nothing more would survive in the present CONTC.

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6. In view of the above, we find that the directions passed by this Court have been complied with and there is no ground to pursue the CONTC. Accordingly, the CONTC is dropped.

(Jaswant Singh) Judge (M. S. Sahoo) Judge January 4th 2022 Cuttack AKPradhan