M.KATJU, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS petition relates to fishery rights over the pond in question. The fishery rights had been granted to the petitioner from the year 1993 to 1998 but no fishery right was granted in his favour after the year 1998. However, it was granted in favour of the Respondent No. 7 from 4 -8 -98 to 3 -8 -2008. Aggrieved this writ petition has been filed in this Court. It has been held by several division bench decisions of this Court that there can be no renewal of the fishery right vide Desh Kumar and others v. State of U.P. and others 1998 (1) JCLR 691 (All) : 1998(2) AWC 958; Abdul Gaffar v. State of U.P. and others, 1998(1) AWC 706 and instead there has to be a fresh auction. It has also been held in these decisions that fishery right or any other public contract can only be granted after advertising the same in two well known newspapers having wide circulation and thereafter holding public action/public tender in which all eligible persons can apply, otherwise Article 14 of the Constitution will be violated.
(3.) IN our opinion there must be transparency in granting of public contracts. This is only possible when the above procedure is followed. This is also in accordance with the decision of the Supreme Court in Ramana Dayaram Shetty v. International Airport Authority of India and others, AIR 1979 SC 1628 etc.;