1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD WRIT PETITION NO.2515 OF 2007 The Sangamner Bhag Sahakari Sakhar Karkhana Ltd. And ors. ...Petitioners VERSUS The State of Maharashtra & ors. ...Respondents ..... Shri Tambe instructed by Shri R.L.Kute, advocate for the petitioners Mrs. V.A.Shinde, AGP for respondent nos. 1 to 5 ..... CORAM : S.B.DESHMUKH AND SHRIHARI P.DAVARE, JJ. DATED : 18th November, 2009 PER COURT : We heard advocate Shri Tambe instructed by learned counsel Shri R.L.Kute, appearing for the petitioners The petitioner is a Co-operative Sugar Factory. Writ sought in this Writ Petition, is declaration that the auction notice dated 10.4.2007 issued by respondent no.2 2 Collector, Ahmednagar is in contravention of order dated 23.3.2007 passed by this court in Writ Petition No. 5802 of 2006. Learned A.G.P. Mrs. V.A.Shinde, who is present before the court seeks some time to file affidavit in reply on behalf of the State. Learned counsel appearing for the petitioners seeks withdrawal of the Writ Petition on instructions, with liberty to file appropriate petition in case occasion arises i.e. issuance of tender notice by the District Collector, Ahmednagar in breach of the order passed by this court in Writ Petition No. 5802 of 2006 Writ Petition stands dismissed as withdrawn, with liberty, as sought by the petitioner. No costs. (SHRIHARI P. DAVARE, J.) (S.B.DESHMUKH, J.) dbm/wp2515.07