Intoxicants

Liquor

— Liquor vend — Grant of licence for — Change in policy decision in the matter of — Validity — Government inviting applications for grant of licence for liquor vend — However, before the disposal of all the applications, Government taking a decision not to grant any new licence — In the said circumstances, change of the policy decision, held, nonetheless permissible — Investment of huge amount by the persons whose applications were pending, held, did not confer on them any accrued or vested right so as to bar the Government from changing the previous policy decision, (2006) 5 SCC 702-A

Intoxicants

Liquor

— Liquor vend — Grant of licence for — Time-frame specified by the Government for disposal of applications — Necessity of compliance with — Such a time-frame although directory in nature, held, should be substantially complied with, (2006) 5 SCC 702-B

Intoxicants

Liquor

— Liquor vend — Grant of licence for — Mode of consideration of applications — Held, such consideration must be fair and reasonable — Moreover, different procedures cannot be applied to different applicants, (2006) 5 SCC 702-C

Intoxicants

Liquor

— Liquor vend — Grant of licence for — During pendency of applications for licence, Government taking a policy decision not to issue new licences — Grant of licence on a few of such applications, held, could not by itself be a ground to issue a writ of mandamus to grant licence to other applicants whose applications were pending — Further held, Art. 14 carries a positive concept and does not permit equality in illegalities, (2006) 5 SCC 702-D

Constitution of India

— Arts. 136, 226, 47 and 14 — Exercise of power under Art. 136 by Supreme Court — Relief — Relief given in particular matters and situations — Particular instances — Liquor vend — Grant of licence for — Issuance of writ of mandamus to issue such a licence to appellant contrary to policy decision of Govt. on the ground that licence had been granted in some other cases — Impermissibility, (2006) 5 SCC 702-E

Intoxicants

Liquor

— Liquor vend — Grant of licence for — Rejection of application for licence on account of change in policy decision — If hit by the doctrine of legitimate expectation — Test to determine, held, is whether the expectation was legitimate — Moreover, larger public interest also has to be kept in view — Where the policy decision was changed validly, the action taken pursuant thereto could not be invalidated on the plea of legitimate expectation — In the present case, Government inviting applications for grant of licence for retail sale of IMFL with the stipulation that the licensing authority could accept or reject any application without assigning any reason and that he would not be under any obligation to grant licence on the applications made — During the pendency of some applications, Government taking a policy decision not to grant any new licence — In view of the said stipulation made while inviting the applications, the persons whose applications were rejected consequent to the changed policy, held, could not invoke the doctrine of legitimate expectation against the rejection of their applications, (2006) 5 SCC 702-F

Intoxicants

Liquor

— Liquor vend — Grant of licence for — Mode of scrutiny of applications — Held, they should be scrutinised strictly, (2006) 5 SCC 702-G

Intoxicants

Liquor

— Liquor vend — Grant of licence for — Change in policy decision of Government after inviting applications but before disposal thereof — Applicable policy in such a case, held, is the policy prevalent on the date of grant and not that prevalent on the date of filing of the application — Hence, in view of the changed policy refusal to grant licence on the pending applications, upheld, (2006) 5 SCC 702-H