MINERAL DEVELOPMENT LTD. versus THE STATE OF BIHAR AND ANOTHER

Section 25(1)(c) of the Bihar Mica Act does not impose an unreasonable restriction on the fundamental rights under Article 19(1)(f) and (g), but the cancellation of the licence was invalid as no reasonable opportunity was given and conditions for cancellation were not met.

Parties: Petitioner: Mineral Development Ltd.; Respondent: State of Bihar; Respondent: Additional Secretary to the Government of Bihar in the Revenue Department
Jurisdiction: India
Judgment Date: 15 December 1959
Procedural Posture: Article 32 Petition / Final Judgment
Outcome: Petition allowed
Legal Topics: Fundamental Rights, Reasonableness of Restrictions, Licensing, Natural Justice, Bias in Decision Making

Constitutional Law Administrative Law Mining Law Fundamental Rights Reasonableness of Restrictions Licensing Natural Justice Bias in Decision Making

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Parties

Mineral Development Ltd.

Petitioner

State of Bihar

Respondent

Additional Secretary to the Government of Bihar in the Revenue Department

Respondent

Procedural Posture

Article 32 Petition / Final Judgment

Legal Issues

1 Whether Section 25(1)(c) of the Bihar Mica Act, 1947, imposes unreasonable restrictions on the petitioner's fundamental rights under Article 19(1)(f) and (g) of the Constitution
2 Whether the Government's cancellation of the mining licence without affording reasonable opportunity to show cause violates principles of natural justice

Ratio Decidendi

Court Disposition

Petition allowed

Orders

Writ of certiorari issued quashing the Government of Bihar order canceling the miner's licence.
Respondents directed to pay costs to petitioner.