1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5821 OF 2009 Rambhau @ Ramdas s/o Baburao Badgujar @ Raghuwanshi, Age: 55 years, Occ: Hawker, R/o. Supaduappa Colony, Dhule, Tq. & Dist. Dhule & Ors. .. Petitioners Versus The State of Maharashtra Through Collector, Dhule, & Anr. .. Respondents ... Mr. S.V. Gangapurwala, Advocate holding for Mr. P.D. Bachate, Advocate for petitioners. Mr. N.B. Patil, A.G.P. for respondent No.1. ... CORAM : K.K. TATED, J. DATE : 4TH SEPTEMBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioners and learned A.G.P. for respondent No. 1. 2 2. By this petition under Article 226 and 227 of the Constitution of India, the petitioners are challenging the order dated 31-08-2009 passed by the District Judge-1 Dhule in Misc. Appeal No. 28/2009 arising out of the order dated 18-08-2009 below Exhibit-5 in R.C.S. No. 188/2009 passed by the learned trial Court rejecting the petitioners' application for temporary injunction. 3. It is the case of the petitioners that they are hawkers and are doing business of sale of Bhelpuri and allied articles at Rana Pratap Chowk, near Swastik Chitra Mandir, in front of Municipal Council, Dhule. They shifted their Stalls from Rana Pratap Chowk, on the assurance of respondent No. 2 that they will construct appropriate platform for their business and will allot to the petitioners. To that effect, respondent No. 2 also passed resolution dated 20-02-2009. In steads of allotting the same to the petitioners, respondent No.2 held auction 3 and disposed of those platforms to the highest bidders. Therefore, the petitioners filed R.C.S. No. 188/2009 in the Court of Civil Judge, J.D. Dhule restraining the respondents from holding public auction in respect of Stalls constructed near bank of river Panjra on Shivaji Road, near Swami Samarth Mandir. Prayer clause-B of R.C.S. No. 288 of 2009 reads as under. "(b) The defendant or any person acting for or under or at the instance or insistence of the defendant may be restrained, from holding public auction in respect of the stalls constructed near bank of Panzra river in front of Anjan Shah Baba Darga and Swami Samarth Temple, Shiwaji Road, Dhule, in any manner whatosever." 4. In the said suit, the petitioners preferred application below Exhibit-5 for temporary injunction and same came to be rejected on 18-08-2009. Thereafter, the petitioners preferred Misc. Civil Appeal No. 28/2009 on 24-08-2009. At the time of rejecting the said 4 Misc. Civil Appeal, District Judge in Para 6 held that Advocate appearing on behalf of respondent No.2 has placed on record auction proceedings showing that Stalls were already allotted to the highest bidders. Admittedly, as on today, third party rights are created in favour of the highest bidders and therefore, the petitioners are not entitled to any relief in the present Writ Petition under Article 226 and 227 of the Constitution of India. Writ Petition is dismissed summarily. [ K.K. TATED, J.] sut/SEP09/wp5821.09