Hon'ble Alok Mathur,J.
Heard Sri Anil Kumar Pandey, learned counsel for the petitioner and learned State counsel.
By means of this petition challenge has been made to an order passed by the Tehsildar on 28.01.2019 whereby an intimation has been given to the petitioner that the Sub Divisional Officer has cancelled the auction proceedings conducted in respect of Talab situated in Khasra Plot No. 99 having an area of 0.284 hectares situated in Village - Kusumbhi, Pargana - Sidhaur, Tehsil - Haidargarh, Disrict - Barabanki for fishing rights.
It has been submitted by the learned appearing for the petitioner that pursuant to the auction notice, the petitioner had participated in the auction and accordingly at the instance of some complaint auction has been cancelled without issuing any notice to the petitioner which amounts of violation of principles of natural justice as such the impugned action/decision is not sustainable.
We have perused the original record produced by the Tehsil authorities. What we find from the perusal of the original record is that notice dated 17.06.2018 was published in the News Paper on 20th June, 2018 by the Additional District Magistrate (Finance & Revenue), Barabanki whereby large number of Ponds situated in the District - Barabanki were advertised to be auctioned in respect of fishing rights. As per the said notice published in the news paper, auction for settling fishing rights in the Ponds situated in Tehsils Nawabganj, Haidergarh and Ram Nagar were to take place on 16th and 23rd July and 8th September, 2018. Since we are concerned with the Pond which is situated in Hydergarh Tehsil the date as advertised in the news paper for auction was 16th and 23rd July and 8th September, 2018.
The notice published in the news paper thus does not give any definite date for conducting auction proceedings for settlement of fishing rights in respect of a particular Pond. Publication of three dates i.e. 16th 23rd July and 8th September, 2018 in respect of all the Ponds itself is grossly faulty for the reason that it becomes very difficult rather impossible for the prospective bidders to participate in such an auction where no definite date is announced. Such a notice if acted upon would be in clear violation of right of equality as enshrined under Article 14 of the Constitution of India.
What we further notice from the perusal of the original record is that the Tehsil authorities had prepared some list which has been annexed as CA-2 alongwith the counter affidavit filed by the State authorities and is dated 25th May, 2018, consisting of Ponds which were found to be fit for being allotted through auction.
Our attention was drawn by the learned Counsel representing the Tehsil authorities to a notice which has been annexed as CA-3 to the counter affidavit, which appears to be undated and mentions five different dates for conducting auction proceedings in respect of Ponds listed at different serial numbers in the list dated 25th May, 2018.
Learned Standing Counsel on the basis of instructions received further states that apart from the dates indicated in the notice which has been annexed as CA-3, auction in respect of certain Ponds was also held on 15th September, 2018 for which no notice of any sort was ever publicised. We also notice that the notice which has been annexed as Annexure CA-3 gives five different dates and if 15th September, 2018 is included there will be three dates namely 11th September, 2018, 12th September, 2018 and 15th September, 2018 which were not advertised in the notice published in the news paper. Even otherwise, notice published in the news paper does not give any definite date of auction. The purpose of wide publication of notice for the purpose of conducting any auction is not only to attract maximum number of eligible candidates to participate in the auction but is also to ensure equal rights as enshrined in Article 14 of the Constitution of India which guarantees equal protection of laws and equality even in the matter of grant of State largesse.
Admittedly, in this case advertisement made in the news paper is so faulty and erroneous that it has resulted in denial of right of participation of other eligible prospective bidders to participate in the bid for settlement of fishing rights in the Ponds in question.
So far as the Pond which is in question in this writ petition is concerned the authorities have also taken decision to cancel the auction and consequently to cancel the lease as well. However, in respect of rest of the leases settled through some auction process, as stated above, no corrective measures have been taken by the District Revenue Authorities.
For the reasons aforementioned, we are not inclined to interfere in this writ petition so far as prayer made herein relating to the Pond situated on Gata No. 99 having an area of 0.284 hectares situated in Village - Kusumbhi, Pargana - Sidhaur, Tehsil - Haidargarh, Disrict - Barabanki is concerned.
At this juncture learned counsel for the petitioner emphasises that before passing the impugned order and taking the decision for cancelling the auction and the lease, the petitioner ought to have been provided opportunity of hearing.
Having considered the aforesaid submissions of learned counsel for the petitioner, we are not convinced that any opportunity of hearing in this matter should have been provided keeping in view our opinion recorded herein above which is based on perusal of the original record that the very process of advertising the notice inviting the bids to participate in auction for settlement of lease rights was erroneous. We are not inclined to accept the said submission made by learned counsel for the petitioner.
For the reasons given above, the writ petition is dismissed.
However, before parting with this matter we also direct that the District Magistrate concerned shall cause a notice to be served to all other lease holders who have been given leases in respect of fishing rights in other Ponds as notified in the news paper and take appropriate proceedings for cancellation of the leases granted on the basis of such faulty procedure adopted by the Tehsil authorities. After issuing notices to the lease holders, the lease holders shall be provided opportunity to submit their reply/explanation and the Sub Divisional Officer shall thereafter take appropriate decision in the matter in respect of each of the leases granted.
We make it clear that while issuing show cause notice, the authority concerned shall clearly indicate the issues on which the lease may be found to be vitiated on account of erroneous publication of the notice inviting bids for participation in the auction which was held for settling fishing rights.
The entire exercise under this order shall be completed under the supervision of the District Collector by the authorities concerned within six months.
Learned Standing Counsel shall communicate this order to the authorities including the District Collector forthwith.
The original record has been returned to the learned Standing Counsel.
Order Date :- 31.7.2019 A. Verma