// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3636/2004 Om Prakash alias Bhurey Lal S/o Shri Kanhiya Lal Versus The Additional District Judge No.2, Alwar and Others Date of Order ::: 29.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Hukam Chand Saini, Counsel for petitioner Shri M.C. Gupta, Addl. Govt. Counsel and Shri Ajay Tantia, Advocate, for Shri R.K. Mathur, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. The petitioner has preferred this writ petition with a prayer to quash and set-aside the auction proceedings dated 24th August, 2002 (Correct date is 26.08.2002), which is mentioned in the impugned order dated 20.04.2004. The plaintiff-petitioner filed a suit for declaration and permanent injunction in the trial court challenging the auction proceedings dated 26th August, 2002 with a further prayer to restrain the defendants from cutting the trees in pursuance of the auction proceedings. An application for temporary injunction was also filed with the suit, which was dismissed with some direction to the defendants by the trial court vide order dated 30th September, 2003. Thereafter an appeal was preferred, which was also dismissed by the appellate court vide order dated 20th April, 2004. The plaintiff-petitioner has not challenged the aforesaid two // 2 // orders passed by both the courts below in this writ petition but he has challenged the auction proceedings, which have already been challenged in the civil suit, which is pending in the trial court and he cannot be allowed to challenge the same again in this writ petition when the matter relating to it is already subjudice before the civil court. In these circumstances, I do not find any merit in this writ petition and the same is accordingly dismissed with no order as to costs. (Narendra Kumar Jain) J. //Jaiman//