Grant formalisation after affirmed tribunal order cannot be sent back for fresh consideration; pre-amendment charges apply.

Where a grant order had already been affirmed by the statutory tribunal and only payment formalities remained, insisting that the applicant return to the Assistant Commissioner for a fresh grant was unjustified. The Karnataka HC set aside that direction and issued mandamus to formalise the grant. On the applicable charges, the Court held that the governing pre-amendment rules applied, as the record did not show the amendment operating by substitution in the manner claimed by the State. It further noted that an erroneous law report or publication cannot determine the legal position to the detriment of citizens.

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Issues: Whether the appellant was required to be relegated to the Assistant Commissioner for fresh consideration of grant, and whether the grant charges were payable under the pre-amendment rules or the amended rules.

Analysis: The appellant already had a grant order which stood affirmed in appeal before the statutory tribunal, leaving only the question of payment for the subject grant. In that setting, directing the appellant to seek a fresh grant before the Assistant Commissioner was held to be unjustified. On the question of the amendment, the record did not support the view that the relevant change operated by substitution in the manner suggested from the publication relied upon by the State. The Court also held that an erroneous law report or publication cannot control the legal position to the detriment of citizens.

Conclusion: The direction relegating the appellant to the Assistant Commissioner was set aside, a writ of mandamus was issued to formalize the grant, and the appellant was held liable to pay charges under the pre-amendment rules.

Ratio Decidendi: Where a grant order has already been affirmed by the statutory tribunal and only payment formalities remain, the authority cannot insist on a fresh grant process, and the applicable charges are to be determined by the governing legal regime correctly in force.

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