skc 1 WP-2491-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2491 OF 2011 M/s. Shivaneri Sakhar Karkhana Pvt. Ltd. ..Petitioner versus The Commissioner of Sugar, Maharashtra State & Ors. ..Respondents Mr. Sanjeev Kadam for Petitioner. Ms. A. D. Vhatkar - Assistant Government Pleader for Respondent Nos. 1 and 4. Ms. Smita Mane for Respondent No. 2. Mr. A. A. Kumbhakoni i/b. Mr. Sarang Aradhye for Respondent No. 5. CORAM : D. D. SINHA & A. R. JOSHI, JJ. 20 July 2011. P.C. : Heard the learned counsel for the parties. 2. Counsel for the petitioner states that the petitioner has submitted application dated 22nd March 2010 for issuance of Aerial Distance Certificate to the Respondent No. 1. Respondent no. 2 has also filed an application dated 30th April 2010 for issuance of Aerial Distance Certificate for the proposed site in the same village. Respondent no. 1 vide communication dated 12th July 2010 issued Aerial Distance Certificate in skc 2 WP-2491-11 favour of the respondent no. 3. Public notice was issued by the respondent no. 1 in the daily newspaper dated 19th July 2010 for inviting objections. Respondent no. 1 allotted preference no. 70 to the petitioner and allotted preference no. 85 to the respondent no. 2. Respondent no. 3 also filed objection regarding issuance of Aerial Distance Certificate on the ground that it had already been issued by the respondent no.1 in favour of the respondent no. 3. Respondent no.3’s claim was upheld as the petitioner’s site was within 15 kms. from their site. 3. The respondent no.1 referred the matter to the respondent no. 4 – State Government seeking opinion of the Law and Judiciary Department on the issue raised by the parties, which is pending for decision. It is in these circumstances prayed that direction be given to the State Government to take decision in respect of the said issue. 4. The learned Assistant Government Pleader on the basis of the instructions has made a statement that the issue which is pending before the State Government for consideration as recommended by the respondent no.1 shall be resolved by taking decision within a period of six weeks from today. skc 3 WP-2491-11 5. In view of the statement made by the learned Assistant Government Pleader, no further direction in this regard is necessary. At the same time cause of action involved in the petition no more survives. Writ petition is disposed of accordingly. Respondent no.1 to communicate the decision of the Government to all the parties to the proceedings. (D. D. SINHA, J.) (A. R. JOSHI, J.)