WP(C) 3383/2010 BEFORE THE HON’BLE MR JUSTICE B. P. KATAKEY Heard Mr S Baruah, learned counsel for the petitioner, as well as Mr UK Nair, le arned counsel for the respondents. The petitioner, in present petition, has challenged the communication da ted 12 May 2010 issued by the Divisional Rly Manager(W), NF Railways, Tinsukia, informing him that the period of licence issued in respect of the railway pond a t Mariani had expired on 28 April 2010 and hence requested him to hand over imme diately the pond to SSE(W), MXN, NF Railway. It is the contention of the petitioner that pursuant to the auction-sale held on 29 April 2009 an agreement was entered into between the Union of India and the petitioner on 30 January 2006 granting licence in respect of the aforesaid pond for a period of 5(five) years with effect from the date of the agreement. Accord ing to the petitioner, the said period of five years would expire on 29 January 2011 and as such the communication dated 12 May 2010 issued by the Divisional En gineer(I), NF Railways, Tinsukia, is contrary to the said agreement. Though no affidavit-in-opposition has been filed, it is fairly submitted by learned counsel for the respondents that in view of agreement entered into b etween the parties on 30 January 2006(Annexure-1), the period for which the lice nce was granted to the petitioner in respect of the aforesaid pond would expire on 29 January 2011. It appears that the agreement was entered into between the parties on 30 January 2006 granting licence in favour of the petitioner in respect of the afo resaid pond for a period of 5(five) years to be effective from the date of execu tion of such agreement. The period of licence would, therefore, expire on 29 Jan uary 2011, and not on 28 April 2010, as observed by the Divisional Rly Manager(W ), NF Railways, Tinsukia in his communication dated 12 May 2010(Annexure-IV), wh ich position has not been disputed by the respondent Railways. It also appears f rom the communication dated 30 January 206 issued by the Divisional Engineer(I), NF Railways, Tinsukia, that the period of licence would be five years to be eff ective from the date of handing over of the possession of the pond, that is, fro m 30 January 2006. That being the position, impugned communication dated 12 May 2010 issued by the Divisional Rly Manager (W), NF Railways, Tinsukia(Annexure-IV) is set as ide, being contrary to the terms of the contract between the parties. The respon dent Railways will allow the petitioner to enjoy the benefit of the licence issu ed in respect of the aforesaid pond until 29 January 2011, that is, the day when the five-year period of licence would expire. The writ petition is allowed, to the extent indicated above. No costs.