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2003 Supreme(All) 2298

MARKANDEY KATJU, K.S.RAKHRA
VASHISHT KUMAR JAISWAL – Appellant
Versus
STATE OF U P – Respondent


M. KATJU, J.

Heard learned counsel for the parties.

2. This writ petition has been filed against the impugned order dated 3-7-2003 (Annexure 1 to the petition) and lease deed dated 25-7-2003 in favour of respondents No. 5 and 6 during the pendency of the writ petition.

3. The respondents No. 5 and 6 were granted mining lease for three years which started from 28th April, 2000 and hence it came to an end on 27-4-2003. We are not going into the various points urged before us because we are of the opinion that this petition deserves to be allowed on the short point that once the period of the lease in favour of respondents No. 5 and 6 expired on 27-4-2003 there is no question of extension of the lease, and instead there should have been a fresh public auction/public tender after advertising the same in well known newspapers having wide circulation. This procedure is essential, as otherwise Article 14 of the Constitution will be violated. Transparency in public administration also requires that such a procedure should be followed whenever any public contract is granted. It may be mentioned that the owner of the land is the State Government and a Bhumidhar under the U. P. Z. A. and L. R























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