Anirudha vs District Magistrate and Others

M. Katju, J.—Heard learned counsel for the parties.

This petition relates to fishery rights over the pond in question. The fishery rights had been granted to the petitioner from the year 1993 to 1998 but no fishery right was granted in his favour after the year 1998. However, it was granted in favour of the respondent No. 7 from 4.8.1998 to 3.8.2008. Aggrieved, this writ petition has been filed in this Court.

It has been held by several Division Bench decisions of this Court that there can be no renewal of the fishery right vide Desh Kumar and others Vs. State of U.P. and others, ; Ram Singh Vs. District Magistrate, Fatehpur and another, and instead there has to be a fresh auction. It has also been held in these decisions that fishery right or any other public contract can only be granted after advertising the same in two well-known newspapers having wide circulation and thereafter holding public auction/public tender in which all eligible persons can apply, otherwise Article 14 of the Constitution will be violated.

In our opinion, there must be transparency in granting of public contracts. This is only possible when the above procedure is followed. This is also in accordance with the decision of the Supreme Court in Ramana Dayaram Shetty Vs. International Airport Authority of India and Others, , etc.

Learned counsel for the respondents admitted that he was granted the contract from the year 1998 to 2008 without advertising it in well known newspaper having wide circulation. Hence, grant of fishery right to him is illegal and neither the petitioner nor the private respondents can operate the fishery right as neither of them at present have any legal right to operate the same.

This petition is, therefore, disposed of with the direction to the District Magistrate to immediately take over the fishery right of the pond in question and as an interim measure, operate the same through officials appointed by him and also to advertise the fishery right in two well-known newspapers having wide circulation and thereafter hold public auction/public tender in which all eligible persons can apply so that there may be compliance of Article 14 of the Constitution.

Any amount deposited by the respondents will be refunded to him within a month. Interim order, if any, is vacated.