Sisir Nath And Others vs State Of Odisha And Others
2023 Latest Caselaw 12417 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 25585 of 2023


            Sisir Nath and others                   ....          Petitioners


                                         Mr. Kishore Kumar Jena, Advocate

                                         -versus-

            State of Odisha and others              ....    Opposite Parties
                                                     Mr. A.K. Nanda, AGA




                      CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SIBO SANKAR MISHRA
                                       ORDER

11.10.2023 Order No.

02. 1. Mr. Jena, learned advocate appears on behalf of petitioners and

submits, his clients are interested in getting allotment of three newly

constructed shop rooms. They have paid money for the allotment.

There was writ appeal disposed of by order dated 25 th November,

2020, text of it quoted in paragraph-9, whereby the exercise of

verifying list prepared, inquiry into the matter and to take action for

rehabilitation of his clients were to be done in the time directed. He

// 2 //

submits, nothing has been done, which is why his clients have moved

Court again.

2. Mr. Nanda, learned advocate, Additional Government

Advocate appears on behalf of State. There was direction for notice

upon opposite party no.6 (Sarpanch) by order dated 22nd August, 2023.

There has been good service. Said opposite party goes unrepresented.

3. Mr. Nanda submits, Street Vendors (Protection of Livelihood

and Regulation of Street Vending) Act, 2014, does not apply outside

of towns and cities. The area in which the shops have been constructed

and under administration of opposite party nos. 2, 3 and 4, cannot be

said to be a town, let alone a city.

4. It appears the writ petition has been filed for enforcement of

the order made in the writ appeal. Present opposite party nos. 2 to 4

were parties in the writ appeal and had not taken this maintainability

point to resist petitioners' from invoking the writ jurisdiction of this

Court for rehabilitation on allotment of shop rooms. A second writ for

enforcing order passed in earlier one is maintainable per view taken by

a learned single Judges of the Calcutta High Court in Indrapuri

Studio v. State of West Bengal, reported in 2003(3) Calcutta High

Court Notes (CHN) 148, relying therein on judgment of the Supreme

// 3 //

Court in Devaki Nandan Prasad v. State of Bihar, reported in AIR

1983 SC 1134.

5. Opposite party nos. 2 to 4 will be heard on adjourned date

regarding steps taken to comply with said order dated 25th November,

2020.

6. List on 9th November, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge

Sks

Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 12-Oct-2023 10:51:51