WP(C) 8360/2003 BEFORE THE HON’BLE MR JUSTICE BP KATAKEY Heard Mr. Konwar, learned counsel for the petitioners as well as Ms Barua, learn ed standing counsel appearing on behalf of the respondents. The petitioners, who are occupying two separate plots of land and running a pan shop as well as tea stall over the said plots of land, by the present petition h as challenged the notice dated 8.9.2003 (Annexure 6 and 7 to the writ petition) issued by the Divisional Manager, Assam State Transport Corporation (ASTC), wher eby and whereunder the petitioners were asked to deposit occupation fees. It is not in dispute that the petitioners are occupying the land belonging to th e ASTC for which the ASTC authority instead of going for eviction of the petitio ners have claimed certain fees for running the business over the land belonging to it. The land in occupation of the petitioners being the land allotted to ASTC , there is not illegality in demanding occupation fees as has been done by the i mpugned notice dated 8.9.2003. The petitioners are still occupying the said plot of land and doing business. Mr. Konwar, learned counsel for the petitioners during the course of argument ha s submitted that the respondent ASTC has asked the petitioners to execute an agr eement relating to the land occupied by them over which they are doing their bus iness and the petitioners accordingly shall execute such agreement. Mr. Konwar, therefore, submits that the ASTC authority may be directed to consider waiving o f the arrear amount of the fees. Ms Barua, learned standing counsel appearing for the ASTC submits that the waive r of the arrear fees will be considered by the Divisional Manager, ASTC in case the petitioners approach him for waiver. In view of the above, the writ petition is disposed of with the direction to the petitioners to approach the Divisional Manager, ASTC for execution of the agree ment and also for waiver of the arrear fees till the date of execution of the ag reement and in case such application for waiver is filed the same shall be consi dered by the authority and pass necessary order. The writ petition is accordingly disposed of. No cost.