Elisha Industries (Pvt) Ltd vs Disna Jayasinghe, Divisional Secretary, Bandaragama and three others – CA WRT/0517/24-2025

The case between Elisha Industries (Pvt) Ltd and Disna Jayasinghe, Divisional Secretary, Bandaragama, Commissioner General of Excise, Director General, Department of Fiscal Policy, and the Hon. Attorney General addressed the lawfulness of the refusal by the divisional secretary to issue an F.L.4 liquor licence, despite the petitioner’s full compliance with statutory requirements and payment of fees. It was held that, under Sections 18 and 19 of the Excise Ordinance, the discretion to grant the privilege of a licence rested with the Commissioner General while the divisional secretary’s function was administrative, requiring mandatory issuance of the licence once the privilege was conferred and fees paid. The decision emphasized the principle that where statutory criteria and ministerial dir