GUNNU Vs. DISTRICT OFFICER COLLECTOR BANDA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has prayed for quashing the impugned order dated 17.6.2001, Annexure-1 to the petition and for a mandamus directing the respondents to decide the petitioner's application dated 1.2.2001 for grant of mining lease in respect of the plot in question.

(3.) It has been held by the Supreme Court in Ramanna Dayaram Shetty v. International Airport Authority of India and others, AIR 1979 SC 1628, that ordinarily public property must be granted by public auction after advertisement in well known newspapers so that all eligible persons may apply, otherwise Article 14 of the Constitution will be violated. Learned counsel for the petitioner has relied on the decision of this Court in Jagmohan Dutt Sharma and others v. State of U. P. and others, 1998 ACJ 590. The above decision does not deal with Article 14 and hence it is distinguishable.