Jagabalia Bag Byabasai Sangha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.38870 of 2021 Jagabalia Bag Byabasai Sangha & others ....

Petitioners Mr. Srinivas Mohanty, Advocate.

-versusState of Odisha & others ....

Opp. Parties Mr. H.M. Dhal, Additional Government Advocate.

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE K.R. MOHAPATRA Order No.

ORDER

06.01.2022 1.

W.P.(C) No.38870 of 2021 & I.A. No.18057 of 2021 1.

This matter is taken up through Video Conferencing Mode. 2.

Heard Mr. Srinivas Mohanty, learned counsel for the petitioners and Mr. H.M. Dhal, learned Additional Government Advocate.

3.

According to Mr. Mohanty, the petitioners are earning their livelihood as street vendors in the city of Bhubaneswar. However, till date, their status as such has not been recognized by the Bhubaneswar Municipal Corporation. During course of hearing, he submits that liberty may be granted to the petitioners to approach the Commissioner, Bhubaneswar Municipal Corporation (opposite party no.3) by filing a comprehensive representation highlighting all their grievances and further prays that the said opposite party be directed to take a decision on such representation within a stipulated time period. He also prays that for the interregnum, their interest be protected as threat of eviction looms large. 4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to approach the Commissioner, Bhubaneswar Municipal Corporation (opposite party no.3) by filing a comprehensive representation along with a certified copy of this

// 2 // order within a period of one week. In the event such a representation is filed before opposite party no.3, the said opposite party is directed to take a decision on the same in accordance with law within a period of four weeks from the date of receiving of such representation and communicate the results of such exercise to the petitioner no.1, who in turn is directed to share such information with other petitioners.

5.

Till disposal of the representation, no coercive action shall be taken against the petitioner nos.2 to 34.

5.

The writ application is accordingly disposed of. 6.

Issue urgent certified copy as per rules.

amit (Biswajit Mohanty) Judge (K.R. Mohapatra) Judge