R.H. Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to renew the lease of the petitioner for fishing rights in the pond in question.
(2.) It has been sated that a lease was given to the petitioner for a period of ten years and thereafter the petitioner applied for renewal of the said lease for a period of five years. Since no attention was paid to the application of the petitioner, he, therefore, approached this Court be filing the present petition. It is well settled in law that fishing rights in the pond in question are to be settled by public auction. There is no provision renewal of the same without holding the public auction. According to the petitioner's own case, the respondents have notified the pond in question for public auction. Reference in this regard may be made to the decisions in Abdul Gaffar v. State of Uttar Pradesh, 1997 (88) RD 656. ; Ashok Kumar v. State of Uttar Pmdesh, 1995 ACJ 1066 and Ramana Dayaram Shelty v. International Airport Authority, AIR 1997 SC 1628.
(3.) In view of the said facts, the relief prayed for by the petitioner cannot be granted. It is, however, observed that in case the petitioner is legally entitled to participate in the public auction, he shall be permitted to participate and his case shall also be considered.;