KAYS CONCERN versus UNION OF INDIA & ORS.

The Central Government’s order rejecting the revision application without considering the advertisement evidencing change in the State Government's policy constituted non-application of mind to a material circumstance, vitiating the order.

Parties: Appellant: Kays Concern; Respondents: Union of India & Ors.; Respondent No. 2: State of Bihar
Jurisdiction: India
Judgment Date: 06 April 1976
Procedural Posture: Civil Appeal / Appeal by Special Leave From Order Dated 2 December 1967 by the Government of India
Outcome: Appeal allowed, case remanded
Legal Topics: Revision Under Mineral Concession Rules, Non Application of Mind, Procedural Fairness

Mines and Minerals Law Administrative Law Revision Under Mineral Concession Rules Non Application of Mind Procedural Fairness

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 7

Parties

Kays Concern

Appellant

Union of India & Ors.

Respondents

State of Bihar

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order Dated 2 December 1967 by the Government of India

Legal Issues

1 Whether the Central Government failed to consider a material change in the State Government’s policy while deciding a revision application under Rule 54 of the Mineral Concession Rules, 1960

Ratio Decidendi

Court Disposition

Appeal allowed, case remanded

Orders

Order of Central Government dated 2 December 1967 quashed and set aside
Case remanded to Central Government to dispose of the revision application after considering all material including the advertisement and giving opportunity to State Government and appellants for further submissions