Krishna Mining Co. (Ceylon) Ltd. v. Janatha Estates Development Board And Others – sllr 1996 volume 2 page 209
In Krishna Mining Co. (Ceylon) Ltd. v. Janatha Estates Development Board and others, the court addressed whether a private sale of state land, contrary to a mandatory public tender process and Cabinet policy, infringed the petitioner’s right to equality under Article 12(1) of the Constitution. The holding established that a sale by private treaty, when policy and Cabinet directives required an open tender save for a specifically approved allotment, constituted unlawful discrimination. The court declared the disputed sale null and void, ordered the subject land to be re-offered by public tender, and affirmed that the 5th Respondent be refunded the consideration paid, with costs awarded to the petitioner. The judgment reaffirmed the principle that discretionary departures from mandatory publ

