(1.) Heard Shri. W.H. Khan Learned Counsel for the petitioner on the question of admission and stay.
(2.) By this petition under Art. 226 of the Constitution petitioner seeks an order, direction or writ in the nature mandamus commanding the respondents not to hold auction for granting the contract of Tahbazari rights of Nai Basti Sabjimandi, Deoria for the year 1997 - 98 rather to allow the petitioner to work the said contract on the deposit of Rs.3,11,779.50p. For the same.
(3.) It appears that the year 1994-95 said contract was granted to the petitioner ,through the auction for an amount of Rs.2,05,000.00. Thereafter he succeeded in getting a letter dt. 23-3-1995 issued from Joint secretary, Government of Uttar Pradesh to the affect that if the said contract is given to the petitioner for three years on increase of 15 percent per year from the respective preceding years, the Government has no objection. Accordingly for the year 1995-96 said contract was granted to the petitioner on an increase of 15 percent from the preceding year. However, for the year 1996-97 said contract was granted to one Surya Nath Yadav through auction, which was challenged by the petitioner but ultimately writ petition was withdrawn. Now, for the year 97-98, the auction is likely to be held, hence this petition.