BIJAY KUMAR SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The writ petition is at instance of a person, who claims to be street vendor. Impugned is eviction notice dtd. 18/7/2023 issued by opposite party no.3, Odisha State Housing Board (OSHB). Challenge is against basis of the notice being allegation that petitioner is an encroacher.

(2.) Mr. Udgata, learned advocate appears on behalf of petitioner. State is represented by Mr. Sharma, learned advocate, Additional Government Advocate. Mr. Pradhan, learned advocate appears on behalf of OSHB. Opposite party no.4, Bhubaneswar Municipal Corporation (BMC) is represented by Mr. Panda, learned advocate and opposite party no.5, Bhubaneswar Development Authority (BDA) by Mr. Mohapatra, assisted by Mr. M.R. Pradhan, learned advocates.

(3.) The writ petition was heard on several dates as borne out by order sheet. It appears therefrom, on behalf of petitioner there was demonstration from disclosures in the petition that he had vending certificate issued on 26/8/2020, expired on 31/3/2021. The certificate is in respect of his vending business carried on also under license from BMC. Provisional certificate of trade license issued by the Corporation is valid till 31/3/2024. On behalf of opposite parties there was joint and several submissions made. Mr. Pradhan had submitted that the land belongs to his client and petitioner is encroacher. Mr. Panda had submitted, under Sec. 48 of Orissa Housing Board Act, 1968 the eviction notice was appealable.