1. The Petitioner herein is a company registered under the Companies Act, 1956 running a sugar factory at Sadashivnagar, Hamidwada-Koulage, Taluka Kagal, District Kolhapur.

In this petition under Article 226 of the Constitution of India, the Petitioner has challenged the order dated 2 July 2011 of the Commissioner of Sugar, Maharashtra State for granting the Aerial Distance Certificate under Clause 6-B of Sugarcane (Control) Order, 1966 in favour of Respondent no. 5 for the purpose of setting up a new sugar factory between village Dhamane and Village Belewadi Kalamma in Kagal Taluka of Kolhapur District. The Petitioner has also challenged the consequential aerial distance certificate issued by the Commissioner of Sugar, Maharashtra State, in favour of Respondent no. 5. On 2 July 2011, Clause 6-A of the above Order of 1966, prohibited any new sugar factory being set up within a radius of 15 kilometers from an existing sugar factory. The distance between the sugar factory of Respondent no. 5 from the Petitioner's factory is 17.2 kilometers.

2. The only ground on which the impugned certificate dated 2 July 2011 is challenged is that by a Notification dated 3 December 2011,