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TMI Blog1990 (9) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... tend to extend the lease any further and demanded possession of the premises. As the possession was not delivered, they desired to sue for eviction and sought the consent of the Central Government to do so as required by Section 86 of the CPC. The requisition for consent was sent to the Central Government on 5th December, 1980. As no reply was received thereto within a reasonable time, the petitioners filed a Writ Petition in the High Court of Calcutta for a mandamus to command the Central Government to take a decision on their application for consent. In the said Writ Petition, the High Court passed an Order on 21st January, 1982 directing the Central Government to dispose of the application in accordance with law, after giving the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the aforequoted Order cannot be sustained in view of two decisions of this Court, viz., Mirza Ali Akbar Kashani v. United Arab Republic and Harbhajan Singh Dhalla v. Union of India . 3. In the first mentioned case, this Court observed as under at page 236 of AIR 1966 : The limitation of the liability of foreign States to be sued is two-fold. The first limitation is that such a suit cannot be instituted except with the consent of the Central Government certified in writing by a Secretary to that Government. This requirement shows the anxiety of the Legislature to save foreign States from frivolous or un-justified claims. The second limitation is that the Central Government shall not give consent unless it appears to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion by the appropriate authority of relevant and material factors in exercising its jurisdiction under Section 86 by the Central Government. There is an implicit requirement of observance of the principles of natural justice and also the implicit requirement that the decision must be expressed in such a manner that reasons can be spelt out from such decision. Though this is an administrative Order in a case of this nature there should be reasons. If the administrative authorities are enjoined to decide the rights of the parties, it is essential that such administrative authority should accord fair and proper hearing to the person to be affected by the Order and give sufficiently clear and explicit reasons. Such reasons must be on relevant m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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