Customs Broker licence renewal requires prompt decision where prescribed compliance is substantially shown and interim operation continues.

Substantial compliance with the renewal requirements for a Customs Broker licence obliges the licensing authority to decide the application without indefinite delay. Where the applicant has paid the processing fee, furnished the solvency certificate, and made the remittance stated to be necessary to remove the renewal obstacle, there is no justification for withholding a final decision, especially when the authority has already allowed continued operation for a limited period. The governing regulations require prompt consideration of the renewal request, and the interim operating permission may continue until the authority passes an appropriate order on renewal.

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Issues: Whether the respondents were obliged to process and decide the petitioner's request for renewal of the Customs Broker licence in view of the compliance already shown under the applicable regulations.

Analysis: The petitioner had paid the processing fee, furnished the solvency certificate, and also remitted the amount stated to be required to remove the obstacle to renewal. The respondents' own communication showed that the petitioner had been permitted to continue operating the firm for a limited period. In these circumstances, and having regard to Clause 13 of the Customs Broker Licensing Regulations, 2013, there was no justification for further delay in taking a final decision on renewal.

Conclusion: The respondents were directed to pass appropriate orders on the renewal request, and the interim permission to continue operating was to remain in force until such order was passed.

Final Conclusion: The writ petition succeeded to the extent of a direction for expeditious decision on renewal, with continuation of the existing operating permission until disposal of the renewal request.

Ratio Decidendi: When the prescribed requirements for renewal have been substantially complied with, the licensing authority cannot withhold a decision indefinitely and must act on the renewal application in accordance with the governing regulations.

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