AIR 1960 SUPREME COURT 606 ::62 Pun LR 641 ::1960 MPLJ 516 ::1960 2 SCR 775 ::1960 SCJ 579 ::ILR 1960 2 Punj 43

Supreme Court Of India

(From Punjab: AIR 1959 Punj. 510)

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta, J. C. Shah , JJJ

Constitution of India , Art.226— Quasi Judicial order - Mines and minerals (Regulations and Development) Act (1948), S. 6 - Rules under, Mineral Concession Rules (1949) (as they stood prior to 1954), R. 54 - Review application - Duty to give opportunity to be heard. Mineral Concession Rules (1949) , R.54— Mines and Minerals (Regulation and Development) Act (53 of 1948) , S.6— AIR 1959 Punj 510, Reversed. The Central Government, while deciding an application under R. 54, in acting in a quasi judicial capacity. There is prima facie a lis in such a 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. As such it is incumbent upon it before coming to a decision to give a reasonable opportunity to the other party in the review application whose rights were being affected, to represent his case. AIR 1950 SC 222 Applied; AIR 1958, SC 398, Ref.; AIR 1959 Punj 510, Reversed.(Para 9) .....