Authority: High Court of Odisha at Cuttack
Order Date: 06-Nov-2026
Case Overview
- Parties: Petitioner Sarbana Behera (represented by Advocate Prateek Dash) versus State of Odisha & Ors., specifically Bhubaneswar Municipal Corporation (represented by Advocate Manoj Kumar Panda).
- Nature: Writ petition under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Odisha Street Vendors Scheme, 2015 seeking protection from eviction of his street vending stall.
- Background: The petitioner has been operating his street vending business at Ward No.41, Unit No.3, near Sriya Complex, in front of ICICI Bank, Kharavela Nagar, Bhubaneswar for the past 18 years. He holds a Street Vendor Certificate dated 01‑08‑2020 and a Street Vendor Token dated 04‑12‑2015 issued by the Bhubaneswar Municipal Corporation. He submitted an application in Form II for renewal of the certificate, which is pending before the Town Vending Committee of BMC. During the pendency, eviction steps were initiated, prompting the filing of the writ petition.
- Court Proceedings: The matter was taken up through a hybrid arrangement. The court noted that awaiting further instructions from BMC would not be fruitful and proceeded to dispose of the petition without expressing any opinion on the merits of the certificate application.
Final Outcome
- The Court ordered that, upon production of a certified copy of this order along with a copy of the pending Form II application, the Town Vending Committee of Bhubaneswar Municipal Corporation shall consider the application expeditiously, within one month from receipt.
- Until a decision is taken on the Form II application, the Bhubaneswar Municipal Corporation shall not take any coercive measure to evict the petitioner.
- The Court directed that an urgent certified copy of this order be granted on proper application.
Topics: Street Vending, Municipal Eviction