JUDGMENT

K. RAMASWAMY, J.:- In this writ petition under Art. 32 of the Constitution, the petitioner, a partnership firm seeks reliefs of mandamus to direct the State Government and the Commissioner of Excise of M.P. to allow the petitioner to set up a distillery pursuant to the cabinet policy dated December 30, 1984 and to grant D-2 licence; to declare the letter dated February 8, 1982 as unconstitutional, illegal and of no effect in law and to direct the respondents Nos.1 and 2 to grant a licence to manufacture potable alcohol within the State of Madhya Pradesh and to grant D-1 licence to supply country made liquor, etc. This case has behind it chequered history which is necessary to adumbrate.

2. In the State of M. P. v. Nandlal Jaiswal, (1987) 1 SCR 1 this court considered the legality of the policy, the subject-matter in the writ petition. It was held therein that nine distilleries in the State of Madhya Pradesh including the one at Ujjain were set up on the lands and buildings belonging to the Government. The plants and machinery therein initially, were of the Government, but in course of time the licensees installed or replaced the plants and machinery and became the owners. Th