VIMLESH Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel appearing for the respondent.

(2.) With the consent of the learned Counsel for both the parties this writ petition is finally disposed of.

(3.) By means of this writ petition, the petitioner has prayed for quashing the notice dated 08.03.2010, by which petitioner has been informed that the lease in his favour dated 27th December 2005 has been withdrawn and fresh auction shall take place on 27th March 2010. The petitioner's case in the writ petition is that an auction of several pond was advertised in the local newspaper "Nyayadhish" dated 26th December 2005 in which number of pond bearing khasra No. 292 have area 3.33 acres was also included. The auction was held on 27th December 2005 in which petitioner was highest bidder and was granted the lease at the rate of Rs. 10,050/-per annum for a period of 10 years. It appears that the auction which was held on 27th December 2005 was challenged in this Court by means of writ petition No. 4375 of 2006 (Ram Dhari v. State of U.P.). This Court held that there was no proper publication of the advertisement in the newspaper. It was observed that for some of the ponds which were published in the news paper, the auction had taken place before publication, further observation was made by this Court in its judgment dated 11th August 2009 that after giving notice orders be passed. Following are the observation of the Court.