Raghuvendra S. Rathore, J. - (1.) THIS third stay application has been filed by the petitioner with the prayer that the respondents be restrained from installation of unipole hoardings on the railway premises, in cluster -6 near railway over bridge, where the unipoles of the petitioner were installed. The writ petition was filed on 16.04.2013. Along with it, a stay application (5548/2013) was filed by the petitioner. Initially notices were issued on the writ petition. The counsel for the respondent Nos. 5 and 7 had appeared on that day and the counsel for the petitioner was directed to supply the copies of the writ petition to them. Further it was directed that copies of the petition be given to Additional Advocate General for respondent No. 1; the counsel for respondent Nos. 2 and 3 and for respondent No. 4. Notices were issued only to respondent No. 6, returnable by 05.07.2013 and the same were given 'dasti'. It was ordered that till the returnable date, the railways shall not remove the structure of unipole, contract of which was awarded to the petitioner by the railways for a duration of five years in 2009. The said interim order continued till next date, from time to time. Thereafter, the petitioner moved second stay application (5591/2014) while the first stay application was yet to be finally decided, with the prayer that the respondent No. 5 be restrained from displaying the advertisements in Cluster -6 near railway over bridges to meet the ends of justice. After hearing the respective parties, the second stay application was dismissed by this court on 15.07.2014. The said order attained finality as the same was never challenged before the higher court.
(2.) ON 31.07.2014, North Western Railway - respondent no. 4, filed an application under Article 226(3) of the Constitution of India with the prayer that the exparte stay order dated 17.05.2013 may be vacated. After hearing the parties, this court had ordered on 18.08.2014 that the exparte stay order passed on 17.05.2013 does not remain in existence, as on now. On the request of the petitioner, the matter was then ordered to be listed after 15 days. The said application (5548/2013) remained pending as the same had not been decided. Soon after the passing of the order dated 18.08.2014, the petitioner preferred an SLP (23554/2014) before the Hon'ble Supreme Court and the same came up for hearing on 29.08.2014. On that day the said petition was dismissed. Following order came to be passed by the Hon'ble Apex Court: "However, it will be open to the petitioner to apply afresh to the High Court for grant of interim relief since writ petition is pending. For a period of two weeks, status quo with regard to subject Unipoles will remain operative. However, this will have no bearing on the fresh consideration of the prayer for interim relief by the High Court."
(3.) THE petitioner had then chosen to file this third stay application. It is to be noted that the first stay application (5548/2013) which was filed by the petitioner along with the writ petition, for grant of interim relief during the pendency of the writ petition, is still pending.;