Akarawitag Don Dishan Chanaka Dharmasena v. Commissioner General of Excise et al. – CA WRIT/369/2014-2015

In the case between Akarawitag Don Dishan Chanaka Dharmasena (Petitioner) and the Commissioner General of Excise & Others (including the successful tenderer, N.H.D. Senathilake), the court addressed the lawfulness of awarding the 2015 “Green bar” tavern liquor license to the 6th Respondent, focusing on allegations of irregularities during the tender process and non-compliance with Gazette-stipulated requirements. It was held that the acceptance of only a two-month rent deposit, instead of the required more than three months’ deposit as outlined in Gazette No. 1876 (2014), was arbitrary and contrary to the published tender conditions. The principle reaffirmed is that administrative bodies must strictly adhere to public tender requirements as set out in controlling statutes and Gazette notif