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Shivji Nathubhai vs The Union Of India & Others on 19 January, 1960 cites

Nagendra Nath Bora & Another vs The Commissioner Of Hills Divisionand ... on 7 February, 1958

In support of this, learned counsel relies on Nagendra Nath Bora and another v. The Commissioner of Hills Division and Appeals, Assam and others (1), and submits that rr. 52 to 55 of the Rules which are relevant for the purpose clearly show that the proceeding before the Central Government is a quasi-judicial proceeding in view of the following circumstances appearing from these rules: (1) Rule 52 gives a statutory right to any person aggrieved by an order of the State Government to apply for review in case of refusal of a mining lease; (2) It also prescribes a period of limitation, namely, two months; (3) Rule 53 prescribes a fee for an application under r. 52. These circumstances taken with the circumstance that a lis is (1) [1958] S.C.R. 1240.
Supreme Court of India Cites 21 - Cited by 746 - B P Sinha - Full Document

Province Of Bombay vs Kusaldas S. Advani And Others on 15 September, 1950

Mr. Pathak contends that even in such a situation there is no right in favour of the person to whom the lease has been granted by the State Government till the Central Government has passed an order on a review application if any. Rule 55, however, makes clear that the order of the State Government is final subject to any order by the Central Government under r. 54. Now when a lease is granted by the State Government, it is quite possible that there may be no application for review by those whose applications have been refused. In such a case the order of the State Government would be final. It would not therefore be in our opinion right to say that no right of any kind is created in favour of a person to whom the lease is 782 granted by the State Government. The matter would be different if the order of the State Government were not to be effective until confirmation by the Central Government; for in that case no right would arise until the confirmation was received from the Central Government. But r. 54 does not provide for confirmation by the Central Government. It gives power to the Central Government to act only when there is an application for review before it under r. 54. That is why we have not accepted Mr. Pathak's argument that in substance the State Government's order becomes effective only after it is confirmed; r. 54 does not support this. We have not found any provision in the Rules or in the Act which gives any power to the Central Government to review suo motu the order of the State Government granting a lease. That some kind of right is created on the passing of an order granting a lease is clear from the facts of this case also. The order granting the lease was made in December 1952. In April 1953 the appellant was put in possession of the areas granted to him and actually worked them thereafter. At any rate, when the statutory rule grants a right to any party aggrieved to make a review application to the Central Government it certainly follows that the person in whose favour the order is made has also a right to represent his case before the authority to whom the review application is made. It is in the circumstances apparent that as soon as r. 52 gives a right to an aggrieved party to apply for review a lis is created between him and the party in whose favour the grant has been made. Unless therefore there is anything in the statute to the contrary it will be the duty of the authority to act judicially and its decision would be a quasi-judicial act. The next question is whether there is anything in the Rules which negatives the duty to act judicially by the reviewing authority. Mr. Pathak urges that r. 54 gives full power to the Central Government to act as it may deem I just and proper' and that it is not bound even to call for the relevant records and other information from,, the State Government before deciding an application for review. That is undoubtedly 783 so. But that in our opinion does not show that the statutory Rules negative the duty to act judicially. What the Rules require is that the Central Government should act justly and properly; and that is what an authority which is required to act judicially must do. The fact that the Central Government is not bound even to call for records again does not negative the duty cast upon it to act judicially, for even courts have the power to dismiss appeals without calling for records. Thus r. 54, lays down nothing to the contrary. We are therefore of opinion that there is prima facie a lis in this case as between the person to whom the lease has been granted and the person who is aggrieved by the refusal and therefore Prima facie it is the duty of the authority which has to review the matter to act judicially and there is nothing in r. 54 to the contrary. It must therefore be held that on the Rules and the Act, as they stood at the relevant time, the Central Government was acting in a quasi-judicial capacity while deciding an application under r. 54. As such it was incumbent upon it before coming to a decision to give a reasonable opportunity to the appellant, who was the other party in the review application whose rights were being affected, to represent his case. In as much as this was not done, the appellant is entitled to ask us to issue a writ in the nature of certiorari quashing the order of January 28,1954, passed by the Central Government. We therefore allow the appeal and setting aside the order of the High Court quash the order of the Central Government passed on January 28, 1954. It will, however, be open to the Central Government to proceed to decide the review application afresh after giving a reasonable opportunity to the appellant to represent his case. The appellant will get his costs throughout from the third respondent, who is the principal contesting party.
Supreme Court of India Cites 65 - Cited by 329 - H J Kania - Full Document
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