M/s Limelight Industries & Another - V/s - Union of India & Others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 15798 of 2016, Judgment Date: Jul 24, 2017

Whether consent for transfer of lease hold rights under Rule 37 is an administrative function or a quasi-judicial function – It has been held that the consent for transfer of mining lease in terms of Section 37 of the Mineral Concession Rules, 1960, is an administrative order and is required to be authenticated and communicated before it becomes a decision of the State Government. A distinction between administrative functions and quasi-judicial functions discussed.

It is also held that an administrative order will take effect only from the date the same is communicated. The noting on the file is not an order which can be said to be an enforceable order.

M/s Limelight Industries & Another - V/s - Union of India & Others