Desh Kumar and Others Vs. State of U.P. and Others

commercial - renewal of lease - article 14 of constitution of india - petitioner seeking renewal of fishery lease - lease has expired - after expiry lease cannot be automatically released it has to auctioned afresh - otherwise will amount to violation of article 14 - lease cannot be renewed. - - however, we direct the authority concerned to auction the fishery right afresh after wide publication in well circulated newspapers, jf not already auctioned in this manner.m. katjti and d.k. seth, jj.1. heard learned counsel for the petitioners.2. the petitioners pray for renewal of their fishery lease.3. in our opinion, there is no question of renewal of the lease which has already expired. if the fishery lease has expired, then it has to be auctioned afresh, otherwise, article 14 of the constitution will be violated.4. it is settled law that public property is not largesse which can be distributed, as has been held in the case of ramana dhayaram shetty v. international airport authority of india and others, air 1979 sc 1678. hence, for giving lease, there must be public auction which is advertised in newspapers having wide circulation so that everybody eligible can participate. the lease cannot be renewed automatically, if it has expired.5. thus, we see no merit in the petition and the same is accordingly dismissed. however, we direct the authority concerned to auction the fishery right afresh after wide publication in well circulated newspapers, jf not already auctioned in this manner.