1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION No. 2633/1998 (Yavatmal District Semi Kerosene Dealers Association & 3 ors. Vs. The State of Mah. & 2 ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. S.R. Deshpande, Adv. for the petitioners. Mr. N.S. Khubalkar, A. G.P. for respondents. CORAM :D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 20, 2008. Civil Application No. 7153/2007 is filed by the respondents for final disposal of the present petition. Heard Mr. Deshpande for the petitioners, and Mr. Khubalkar, the learned A.G.P., for the respondents. Mr. Khubalkar states that in the present writ petition, the petitioners have challenged the Circular dated 5/5/1998 passed by the State Government. However, in view of decision of the Division Bench of 2 the Bombay High Court at Aurangabad dated 30/9/1998 rendered in Writ Petition No. 3142/1998, the State Government has issued another Circular dated 28/6/2004 and as per the said Circular, the quota of kerosene of the present wholesalers as well as semi wholesalers shall not be changed while implementing the scheme of distribution of kerosene to the retailers at their doorsteps. Similarly willingness of wholesalers and semi- wholesalers will be considered first regarding supply of kerosene at the doorsteps of the retailers and kerosene would be supplied directly to 50% of the villages in the Taluka at the doorsteps of the retailers. The said circular also mentions that present distribution system of kerosene should not be changed for supplying kerosene to the retailers. The learned Assistant Government Pleader states that in view of the subsequent circular, the cause of action in the present writ petition does not survive. 3 It is evident that the challenge in the present writ petition is in respect of the Circular of the year 1998. However, in view of the subsequent circular issued by the State Government pursuant to the decision of the Aurangabad Bench of the Bombay High Court, the cause of action in the present petition comes to an end. Consequently, the writ petition is dismissed as infructuous with no order as to costs. Civil application also stands disposed of accordingly. JUDGE JUDGE RMP