- (1.) Leave granted.
(2.) The appeal by special leave arises from the order dated January 31, 1995, of the Division Bench of the Bombay High Court. The High Court in the impugned order granted relief as under: "5. For the reasons aforesaid, the writ petition succeeds and is allowed, Rule is made absolute in terms of prayer clause (a). The annual alcohol quota of 14.40 lakh bulk litres be released to the 1st petitioner, on compliance of the statutory provisions, within two weeks". The prayer in Clause (a) read, thus: "This Hon'ble Court be pleased to issue a writ pe mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to forthwith issue to the 1st petitioner the requisite D.S.V. licence under rule 26 of the Bombay Denatured Spirit Rules, 1959, as also to forthwith release 14.40 lakh bulk litres of alcohol/specially denatured spirit annually to the 2nd petitioners".
(3.) In order to appreciate whether or not the relief granted would be justified, it is necessary to notice a few relevant facts.;