High CourtsDivision Bench(2022) 10 OHC CK 0135

Nikhila Utkala Khudra Byabasayi And Vending Zone Surakhya Trust vs State Of Odisha & Others

Orissa High Court · Decided on 26 October 2022

HON’BLE JUDGES
Arindam Sinha, J · Sanjay Kumar Mishra, J
CASE NUMBER
Writ Petition (C) No. 16927 Of 2022

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Judgment

6 paragraphs · 182 words
1.

Mr. D. Mohapatra, learned advocate appears on behalf of petitioner and submits, validity of rule 3(1)(i) of Odisha Street Vendor (Protection of Livelihood and Regulation of Street Vending) Rules, 2015 has been challenged.

2.

Mr. Pattnaik, learned advocate, Additional Standing Counsel appears on behalf of State and prays for two weeks’ time to file counter. Mr. Panda, learned advocate appears on behalf of opposite party no.2.

3.

By order dated 15th September, 2022, coordinate Bench had directed issuance of notice on un-represented opposite party nos. 3 to 13. Of them, postal article addressed to opposite party no. 11 has been returned unserved with postal endorsement ‘Addressee could not be located’. Mr. Mohapatra demonstrates from page-62 that the article was addressed correctly. In the circumstances, good service is presumed. Of rest opposite parties, service return of opposite party nos. 10 and 13 are awaited. Tracking report regarding service of notice on opposite party nos. 10 and 13 be produced.

4.

Counter be filed by 9th November, 2022. Petitioner may file rejoinder by 16th November, 2022.

5.

List on 18th November, 2022.

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