B.P. Dharmadhikari, J.

1. Heard learned counsel for the respective parties. Considering the nature of controversy involved in the matter, in view of orders dated 19.08.2016, Rule is made returnable forthwith and Writ Petition is heard finally with consent of the parties.

2. Only question raised by the petitioner is Whether respondent no.2 can be permitted to have a retail outlet on same highway in the vicinity of petitioner, at a distance of less than 300 meters?

3. During the pendency of this Writ Petition, distance between the two spots has been verified and a communication with map dated 18.08.2017 shows that the Sub Divisional Engineer, Public Works Department, Deulgaon Raja has found distance between site of petitioner and site of respondent no.2 to be 304 meters. This communication is brought on record by respondent no.2 with his affidavit on 24.11.2017, and thereafter the matter was listed before this Court on 18.12.2017, 08.01.2018, 12.01.2018 and today. Petitioner has not countered this position. On the contrary, during arguments effort has been made to show that said distance has to be 1000 meters.

4. Shri Dhengale, learned Counsel appearing on behalf of petitioner