CHILHUWAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has challenged the impugned order dated 12.5.2003 Annexure-2 to the writ petition by which fishery lease has been granted to respondent No. 6.

(3.) It has been held in several Division Bench decisions of this Court that fishery lease can only be granted by public auction/public tender after advertising the same in well-known newspapers having wide circulation in which all persons can bid vide Ram Bharosey Lal v. State of U.P., 20O2 (4) AWC 3097 : 2002 (93) RD 659 ; Diwaker Rai v. S.D.O., 2003 (95) RD 84 ; Panchoo v. Collector, 1995 (90) RD 186, etc. In these decisions it was held that fishery lease can only be granted by a public auction/public tender after advertising it in well-known newspapers having wide circulation otherwise there will-violation of Article 14 of the Constitution. In these decisions it has also been held that the grant of fishery lease cannot be confined to societies or members of any particular caste.