Authority: High Court of Odisha, Cuttack Bench

Order Date: 25.09.2026

Case Overview

  • Parties: Petitioner Kamalakanta Mahana filed Writ Petition (CNR No.ODHC010723332026) against the State of Odisha and its agencies, principally the Bhubaneswar Municipal Corporation (BMC).
  • Nature of Proceeding: 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 a street‑vending business at Ward No.41, Unit‑3, Near Sriya Complex, in front of ICICI Bank, P.O./P.S. Kharvela Nagar, Bhubaneswar, District Khordha for the last 37 years. His father was issued a Street Vendor ID Card on 01.08.2020 and a Street Vendor Token No.41 on 04.12.2015 by the BMC. After the father’s death, the petitioner continued the business and submitted an application in Form II for renewal of the street‑vending certificate, which remains pending before the Town Vending Committee of the BMC. During the pendency, eviction steps were being taken, prompting the filing of the writ petition.
  • Counsel: Mr. Debidutta Mohapatra represented the petitioner; Mr. Pronoy Mohanty appeared for the BMC. The bench comprised Hon'ble Dr. Justice Sanjeeb K. Panigrahi and Hon'ble Mr. Justice G. Satapathy.

Court Observations & Directions

  • The Court noted that keeping the matter pending for further instructions from the BMC would not serve any useful purpose.
  • Without expressing any opinion on the merits of the certificate application, the Court disposed of the writ petition with the following directions:

1. Upon production of a certified copy of this order together with a copy of the Form II application, the Town Vending Committee, Bhubaneswar Municipal Corporation shall consider the petitioner’s renewal application expeditiously within one month from the date of receipt.

2. Until a decision is taken on the Form II application, the BMC shall not take any coercive measure for eviction of the petitioner.

3. An urgent certified copy of this order shall be granted on proper application.

Final Outcome

  • The writ petition is disposed; the petitioner’s request for protection is effectively granted through the Court’s directive to the BMC to process the renewal application within a month and to refrain from eviction pending that decision.

Topics: Street Vendors, Municipal Regulation, Eviction Protection