FL3 licence reconsideration required where fresh reports and amended liquor rules changed the governing position

An FL3 licence application required reconsideration because the competent authority had not taken a final decision on the available records, and the matter had to be examined in light of fresh reports and the amended Rule 13(3) of the Foreign Liquor Rules. The question whether any vested right arose from pendency or an earlier recommendation was left to the authority to decide in the first instance. Since no final administrative determination had been made on the relevant materials, eligibility was not adjudicated by the court. The respondents were directed to reconsider the application promptly after applying the changed legal position and granting the applicant a personal hearing.

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Issues: Whether the petitioner's application for FL3 licence should be reconsidered by the competent authority on the basis of the fresh reports and the changed legal position.

Analysis: The application had not been finally decided by the competent authority on the available records. The materials placed showed that the matter required reconsideration in light of the reports received and the amendment to Rule 13(3) of the Foreign Liquor Rules. The question of any vested right arising from pendency or prior recommendation was left for the authority to examine at the first instance. Since no final administrative decision had been taken on the relevant materials, judicial adjudication on eligibility was not undertaken.

Conclusion: The application was directed to be reconsidered by respondents 1 and 2 at the earliest, after taking note of the change of law and after affording the petitioner an opportunity of personal hearing.

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