1 wp 7255.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7255 OF 2011 Wasant Gangaram Kolekar .. Petitioner Versus The State of Maharashtra and others .. Respondents Shri Y. B. Pathan, Advocate for the Petitioner. Shri S. B. Pulkundwar, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 21ST SEPTEMBER, 2011. PER COURT : . The present writ petition is filed challenging the notice of auction dated 20th August, 2011. 2. Shri Pathan, the learned counsel for the petitioner submits that the petitioner is the protected tenant of the land bearing gat No. 122 (Old Sy. No. 59) admeasuring 09 H 46 R and 18 R pot kharaba land. Still the said land is being auctioned by the respondent No. 3. The petitioner had also moved an objection before the respondent No. 2, but the same has not been 2 wp 7255.11 considered nor has been decided. According to the learned counsel the petitioner has a preferential right to purchase the said property. In such circumstances, seeks stay of the said auction proceedings. According to the learned counsel, even the Civil Court has passed the decree in favour of the petitioner restraining the defendants therein of which the present respondent No. 3 is also party from interfering in the possession of the petitioner. 3. The decree of the Civil Court which is passed in favour of the present petitioner in R.C.S. No. 167/2002 itself states that the request of the plaintiff that the defendants be restrained from alienating the suit property to third person is rejected. In view of the fact that the Civil Court has rejected the said relief to the petitioner way back in the year 2005 and the said judgment is not challenged. The request of the petitioner in the present writ petition cannot be considered. 4. Even if the petitioner claims a preferential right to purchase the property, then in such circumstances, the petitioner is at liberty to approach the appropriate forum for the enforcement of the right as claimed by the petitioner. The writ 3 wp 7255.11 petition is accordingly disposed of with aforesaid observations. Authenticated copy be given to the petitioner to act upon. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11