“96. Thus, we have no difficulty in noting that the impugned notification, dated 04.02.2016, and the impugned, letter dated 17.03.2016, as referred to above, to the extent it is challenged, are wholly ultra vires the Constitution and ultra vires the powers of the State and its executive. They are, accordingly, declared null and void and are quashed as such. It is held that the impugned notification, dated 04.07.2016, and the impugned letter, dated 06.08.2016, are not enforceable. Consequently, the distilleries are not required to destroy the stocks of denatured spirit or what is produced by them and would be entitled to sell the same and the State cannot restrict the sale, except in accordance with law, as we have indicated above. Also the decision, not to grant and/or renew licenses for use, possession and sale of denatured spirit cannot be upheld. The State cannot, therefore, cancel, refuse to grant or renew any license for manufacture of industrial alcohol or denatured spirit. Consequently, the District Collectors would be obliged to renew/grant the same, as was being done in the past, and the authorities concerned are restrained from interfering with the said business, trade and industry”.
