Bar licence renewal may be refused for missing lease documents, but a fresh decision must follow hearing and verification.

Renewal of a bar licence may be refused where the applicant fails to produce the original lease deed and related documents needed to verify the genuineness of the tenancy arrangement. Applying Rules 6 and 9-A of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005, the authority treated the existence of two lease agreements with differing renewal clauses as creating a bona fide doubt requiring documentary verification. The rejection of renewal was therefore upheld. However, the applicant was permitted to submit the relevant material, and the competent authority was required to give both the applicant and the premises owner a personal hearing before taking a fresh decision.

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Issues: Whether rejection of renewal of the bar licence for non-production of the original lease deed and related documents was justified, and whether the petitioner was entitled to an opportunity to furnish documents and be heard before a final decision on renewal.

Analysis: The renewal application was examined in the context of Rules 6 and 9-A of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005. The record showed two lease agreements with differing clauses on continuation and renewal, creating a bona fide doubt about the governing arrangement. In such circumstances, insistence on production of the original lease deed and connected documents was held to be reasonable for verifying genuineness. Since the required documents were not produced, the rejection of the renewal application was not found erroneous. At the same time, the authority was directed to consider the application afresh if the petitioner submits the relevant material, and to afford a personal hearing to both the petitioner and the owner of the premises before deciding the renewal issue.

Conclusion: The rejection of renewal was upheld, but the petitioner was permitted to submit the relevant documents and was to be afforded a hearing before the competent authority takes a fresh decision on renewal.

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