CWP No. 7986 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7986 of 2011 Date of Decision: 3.8.2011 Numer One Advertising and Marketing Co. ....Petitioner. Versus Union of India and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE. HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. K.C. Mittal, Advocate and Mr. Rajiv Kumar Saini, Advocate for the petitioner. Mr. Sandeep Vermani, Advocate for respondents No.1 & 2. ADARSH KUMAR GOEL, ACJ. 1. Challenge in this petition is to order dated 12.7.2010, Annexure P-17 passed by Railway Administration directing removal of hoardings of the petitioner. 2. The petitioner was allotted contract for construction of unipoles near the railway lines for a period of five years which could be extended for another five years. Since the Railway Administration initiated action to remove the petitioner, CWP No. 17825 of 2007 was filed in this Court which was decided on 5.11.2008 in following terms:- “We, therefore, allow this petition and direct the respondents not to interfere with the work allotted to the petitioner without giving it a hearing and without CWP No. 7986 of 2011 -2- there being any loss of revenue to the respondents. It is made clear that the respondents will be at liberty to pass a fresh order in the matter giving hearing to the petitioner as and when required, in which event, the petitioner will be at liberty to take its remedies in accordance with law.” 3. Since, the Railway Administration again initiated proceedings for removing the petitioner without complying with order of this Court dated 5.11.2008, another writ petition being CWP No. 10625 of 2010 was filed which was disposed of as follows:- “Without expressing any opinion on merits, we direct respondent No.2 to take decision on the notice alleged to have been sent by the petitioner dated 24.4.2009, Annexure P-16, in accordance with law, within 15 days from the date of receipt of a copy of this order.” 4. Without taking any decision on the notice of the petitioner dated 24.4.2009 in compliance with order of this Court, following order has been passed by the Senior Divisional Commercial Manager, Northern Railways, Ambala Cantt.:- “It is also informed vide this office letter No. even dated 17.02.2010, that the allotment of the sites in question has been made following the directions of Hon'ble High Court, Chandigarh. Moreover, the allottee not only made the due license fees as per offered bid made by the firm through open tender but CWP No. 7986 of 2011 -3- also executed the agreement with railway administration for running advertisement right contracts at these sites for a period of three years i.e. from 01.04.2010 to 31.03.2010. Detailed reply to your observation has already been sent to you vide this office letter No. even dated 07.04.2009, 17.06.2009, 23.09.2009, 20.11.2009, 11.01.2010, 17.02.2010 and 12.05.2010. In view of above & in compliance to above mentioned order of Hon'ble High Court you are advised to remove the hoarding structure from railway premises within a week time, failing which the material of structure will be confiscated by the railway department for further disposal at your risk, responsibility with cost.” 5. We have heard learned counsel for the parties. 6. Learned counsel for the Railway Administration fairly states that the order dated 12.7.2010 (Annexure P-17) is not in terms of order of this Court and the same may be treated as withdrawn with liberty to pass a fresh order in accordance with law. 7. In view of above, the writ petition is disposed of as infructuous at this stage. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE August 3, 2011 (AJAY KUMAR MITTAL) gbs JUDGE