Liberal construction of duplicate REP licence guidelines where licences were lost in postal transit and no misuse was shown

Where REP licences were credibly shown to have been lost in postal transit and there was no allegation of misuse, the Delhi High Court held that the duplicate-issue guidelines had to be construed liberally. The authority had received prompt intimation of the blank papers and suspended the licences to prevent misuse, bringing the matter within the scope of loss in transit contemplated by the circular. On that basis, the refusal to issue duplicate licences was quashed and directions were issued to grant duplicates in accordance with law.

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Issues: Whether duplicate REP licences were required to be issued where the original licences were alleged to have been lost in postal transit and the guidelines governing duplicate issue were to be applied liberally.

Analysis: The licences had been despatched by registered post, but the petitioner received blank papers and promptly informed the licensing authority, which suspended the operation of the licences to prevent misuse. On the admitted facts, the case fell within the possibility of loss in transit. The guidelines in the relevant circular covered loss in post, during transit, or in the customs department, and there was no allegation of misuse. In these circumstances, the authority ought to have construed the guidelines liberally rather than narrowly.

Conclusion: The petitioner was entitled to duplicate licences.

Final Conclusion: The impugned orders refusing duplicate REP licences were quashed and directions were issued for issuance of duplicate licences in accordance with law.

Ratio Decidendi: Where a licence is credibly shown to have been lost in postal transit and there is no misuse, guidelines for issue of a duplicate licence must be construed liberally to grant relief.

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