Jagannadha Rao, CJ.

This reference to the Full Bench is by an order dated 3rd December, 1957 by a Division Bench of this Court. The Division Bench observed that though the question raised by the appellant is covered by the decision of a Division Bench in O.P.4924 of 1981 decided on 22nd December, 1981, a contrary view was taken by a learned single judge of this Court in O.P. 7537 of 1986 which decision stands affirmed in W.A.317 of 1987. The Division Bench was of the opinion that there is prima facie divergence of opinion on the question as to whether R.6(2) of the General Conditions is applicable to licensees of toddy, arrack or foreign liquor retail and foreign liquor wholesale shops.

2. The following are the facts of the case: Appellant before us is the fourth respondent in the Writ Petition. Appellant was granted foreign liquor 3 Hotel (restaurant) licence for conducting a Bar in Hotel Prasanth at Muvattupuzha. The licence was granted by the Commissioner of Excise on payment of an annual rent of Rs.1,50,000/- pursuant to a recommendation made by the Assistant Excise Commissioner which recommendation was agreed to by the Deputy Commissioner. Sanction for grant of licen