1 CP No.165/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO.165/2010 IN WRIT PETITION NO.8145/2009. Gangamai Industries and Constructions Ltd.Aurangabad Through its Vice President - PETITIONER VERSUS Rajendra Chavan, Commissioner of Sugar, Pune. - RESPONDENT ***** Mr.PR Patil, Advocate for Petitioner; Mr.DR Kale, AGP for State. ----- CORAM : S.S.SHINDE, J. DATE : 27th July, 2011. PER COURT : 1) Heard learned counsel for petitioner. This contempt petition alleges disobedience of the order dated 11th March, 2010 passed by Division Bench of this Court in WP No.81454/2009. In para 15 of the said order this Court held that, the order which was under challenge in the writ petition is not sustainable in law and, 2 CP No.165/2010 therefore, the said order was quashed and set aside. Further the respondent no.2 – Commissioner of Sugar, State of Maharashtra was directed to issue Aerial Distance Certificate to the petitioner. 2) In pursuance to the notice issued in this contempt petition, affidavit in reply is filed by the respondent, working as Commissioner of Women and Children Welfare, MS, Pune and formerly working as Commissioner of Sugar, MS, Pune. In para 5 of the affidavit in reply, it is stated that the Aerial Distance Certificate is issued to the petitioner in time as per the orders of this Court. It is further stated that such Certificate was issued to the petitioner on 12th April, 2010 itself which was received by the representative of the petitioner, viz. Mr.Milind Patange on 28th April, 2010. 3) It is the contention of the counsel for the petitioner that the order was stayed only for four weeks and, therefore, the Commissioner of Sugar ought to have issued the said Aerial Distance Certificate immediately on or before 8th April, 2010. 4) Taking overall view of the matter, in my opinion, it is difficult to hold that there was 3 CP No.165/2010 any willful disobedience of order of this court, as alleged in the contempt petition, since the Aerial Distance Certificate was issued to the petitioner by the respondent on 12th April, 2011. In that view of the matter, the contempt petition is disposed of. Notice stands discharged. (S.S.SHINDE) JUDGE bdv/