M. D. de Lal and Konganeege Dulles Priyadarshana Fernando vs. A. Bodaragama et al. – CA WRIT APPLICATION 365/2019-2021

In M. D. de Lal and Konganeege Dulles Priyadarshana Fernando v. A. Bodaragama (Commissioner General of Excise) and others, the court addressed whether the refusal by excise authorities to renew an expired liquor license (FL-4) or to issue a new application form was lawful. It was held that the refusals lacked lawful basis, as no evidence was provided of any policy precluding renewal after five years, and no regulation justified such refusal. The principles reaffirmed include that administrative actions must comply with statutory duties and cannot be arbitrarily withheld; and where statutory duties are breached by inaction or silence, judicial review is warranted. The decision referred to relevant excise statutes and judicial precedents permitting relief by writs where grave administrative

REF: CA WRIT APPLICATION 365/2019-2021 Category: Tag:
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