Also heard Mr. A. K. Sarkar v. No. 5

By way of this writ petition, the petitioners have challenged the afores aid communications and have also sought for 4 (four) weeks time to remove the ho ardings from the areas covered by the above NITs dated 25.01.2011. Further praye r made is to allow the members of the petitioner Association to continue with th e existing hoardings in the areas not covered by the NITs till tenders are float ed. This Court by order dated 01.07.2011 had ordered the members of the peti tioner association to remove the hoardings, wall paintings, glow signboards etc. in respect of the sites, which were advertised by the above NITs dated 25.01.20 11 within 10 days. Regarding hoardings, wall paintings, glow signboards etc in respect of the other sites, which were not covered by the said NITs, status quo was directed to be maintained, subject to payment of revenue as determined by th e Railways. On allegations and counter allegations that hoardings were not removed b y the members of the petitioner association from the area covered by the NITs, t his Court by order-dated 29.09.2011 directed the District Judge, Kamrup to get t he matter verified through a Judicial Officer and thereafter to submit a report. The Judicial Officer after verification submitted his report stating tha t except in one site i.e. the TC School Police Point Site, the hoardings in the other sites were removed. In the TC School Police Point site also the hoardings were removed except three, which included two hoardings of the State Government. On 19.04.2012, it was submitted on behalf of the petitioners that the me mbers of the petitioner association had installed their hoardings away from the TC School Police Point Site. Respondent No. 5 submitted that though he was award ed the work, 625 sqft. of hoarding space was occupied by the members of the peti tioner Association near the TC School Police Point causing loss to him. Mr. S. Sarma, learned counsel for the petitioners in the course of his a rgument submitted that the petitioners have no grievance against the award of co ntract to the respondent No. 5. He has submitted that the members of the petitio ner Association have removed the hoardings from the areas covered by the NITs da ted 25.01.2011. The only bone of contention is the site near the TC School Polic e Point. According to him, the authorities want to include the area covered by t he stadium over bridge in the TC School Police Point area, thus giving rise to t he controversy. In so far the areas not covered by the NITs dated 25.01.2011 are concerned, learned counsel submits that the petitioners will participate in the tender process as and when the same is initiated by the authorities. Mr. Sarkar, learned Standing Counsel submits that the petitioners have n o legal right to continue occupying the areas, both covered by the NITs as well as not covered by the NITs. According to him, the areas covered by the NITs have been allotted to the respondent No. 5, whereas for the areas not covered by the NITs, the period of contract had expired. He therefore prays for dismissal of t he writ petition. Similarly is the submission of Mr. A. D. Choudhury, learned counsel for the respondent No. 5, who additionally submits that because of the confusion cre ated by the petitioners, he is being deprived of from carrying on his legitimate business over an area of 625 sqft at the TC School Police Point area. The submissions made have been considered. In view of the submission made by Mr. S. Sarma, learned counsel for the petitioners as noted above, the controversy has narrowed down considerably and t he only area of dispute is regarding the demarcation of the advertising area nea r the TC School Police Point. According to Mr. Sarma, the Railway authority should clearly demarcate t he area as to which area comprises the TC School Police Point and which area com prises the stadium over bridge. Unless a clear demarcation is made, this will co ntinue to give rise to friction and disputes between the rival claimants. Considering the above position, which may require factual determination, this Court is of the view that the matter need not be kept pending before the C ourt any further and that a definite decision in this regard should be taken by the Railway authorities keeping in mind the rival claims. Accordingly, this writ petition is disposed of with the following direct ions:- 1. The respondent No. 2, General Manager, NF Railway shall give a hearing t o the representatives of the petitioner association as well as the respondent No . 5 within a period of 1 (one) month from today. The petitioner association woul d be at liberty to raise all their grievances before the said authority, who sha ll thereafter take a decision in the matter. 2. r areas not covered by the NITs dated 25.01.2011. 3. Till a decision is taken, which may be passed within a period of 15 days from the date of the hearing, the status quo order passed by this Court on 01.0 The respondent No. 2 shall also consider issuance of tender for the othe

7.2011 shall continue. With limited business opportunities, there is bound to be claims and cou nter claims amongst the competing groups. It is expected that the respondents sh all not take an adverse view of such objections raised and decide the matter in a just and fair manner, keeping in mind the interest of all the stakeholders. With the above observations and directions, this writ petition is disposed of. Copy of this order be furnished to Mr. A. K. Sarkar, learned Standing Co unsel, NF Railway for doing the needful.