CourtKutchehry.com
High CourtsDivision Bench

Desh Kumar and others vs State of U.P. and others

Allahabad High Court · Decided on 19 February 1998 · Citation: AIR 1998 All 225 : (1998) 2 AWC 958 : (1998) RD 68

HON’BLE JUDGES
M. Katju, J · D.K. Seth, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 14
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 1877 of 1998
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 172 words

M. Katjti and D.K. Seth, JJ.—Heard learned counsel for the petitioners.

2.

The petitioners pray for renewal of their fishery lease.

3.

In our opinion, there is no question of renewal of the lease which has already expired. If the fishery lease has expired, then it has to be auctioned afresh, otherwise, Article 14 of the Constitution will be violated.

4.

It is settled law that public property is not largesse which can be distributed, as has been held in the case of Ramana Dhayaram Shetty v. International Airport Authority of India and others AIR 1979 SC 1678. Hence, for giving lease, there must be public auction which is advertised in newspapers having wide circulation so that everybody eligible can participate. The lease cannot be renewed automatically, if it has expired.

5.

Thus, we see no merit in the petition and the same is accordingly dismissed. However, we direct the authority concerned to auction the fishery right afresh after wide publication in well circulated newspapers, if not already auctioned in this manner.