Mohd. Qadir Vs. State of U.P. and ors.

.....challenge, it may also be open to the court to quash the decision and to require reconsideration. but no direction in the nature of mandamus whether interim or final can be issued by the court under article 226 to the executive to necessarily acquire a particular area of a particular piece of land for a particular public purpose. section 4; compulsory acquisition of land powers of state government held, renewal of lease in favour of petitioners would not take away power of state government of compulsory acquisition of land. renewal of lease would at best be taken into consideration for determining quantum of compensation. - 2. in paragraph 27 of the petition, it has been stated that the auction for the contract was advertised in the newspaper known as 'anavaran gatha'.we are not satisfied that this is a well-known newspaper having wide circulation. 3. it has been repeatedly held by this court that a contract of public property can ordinarily only be granted after advertising the same in well-known newspapers having wide circulation in the area. 7. it has been repeatedly held by this court that fishery' lease can only be granted after advertising the same in well known newspapers having wide circulation in the area and thereafter holding public auction/public tender vide desh kumar v. 3 without advertising it in well known news papers having wide circulation and thereafter holding public auction/public tender we are of the opinion that the lease granted to respondent no. , 2001 (1) awc 224, the same view, that a contract of public property can ordinarily be granted only after advertising in well-known newspapers having wide circulation and thereafter holding public auction/public tender, was reiterated. fresh auction may be held expeditiously after advertising it in well-known newspaper having wide circulation and thereafter holding public auction/public tender.orderm. katju, a.c.j. and sunil ambwani, j.1. this writ petition filed against the impugned order dated 3.9.2004 (annexure-14 to the writ petition) by which the contract granted to the petitioner for running slaughter house for a period of 10 years has been cancelled.2. in paragraph 27 of the petition, it has been stated that the auction for the contract was advertised in the newspaper known as 'anavaran gatha'. we are not satisfied that this is a well-known newspaper having wide circulation.3. it has been repeatedly held by this court that a contract of public property can ordinarily only be granted after advertising the same in well-known newspapers having wide circulation in the area. in matsya jivi sahakari samiti balepar v. sub divisional officer, mehadawal and ors., 2003 (3) awc 1755 : air 2003 all 1 76, it was held in para 7 as follows:'7. it has been repeatedly held by this court that fishery' lease can only be granted after advertising the same in well known newspapers having wide circulation in the area and thereafter holding public auction/public tender vide desh kumar v. state of u.p., 1998 (89) rd 385 ; abdul gaffar v. state of u.p., 1998 (2) awc 958 : 1997 (88) rd 656 ; civil misc. writ petition no. 31943 of 2002, decided on 7.8.2002 ; ram bharosey lal v. state of u.p., 2002 (4) awc 3097 : 2002 all cj 1148. if it is not granted in accordance with this procedure there will be violation of article 14 of the constitution, and the public exchequer will also suffer. since it is not disputed that the fishery lease was granted to respondent no. 3 without advertising it in well known news papers having wide circulation and thereafter holding public auction/public tender we are of the opinion that the lease granted to respondent no. 3 was wholly illegal and it is hereby quashed.'4. in a.s. advertising co., meerut and another v. nagar nigam, meerut and another, 2001 (1) awc 28 and karan singh v. state of u.p. and ors., 2001 (1) awc 224, the same view, that a.....