1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.28 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Coram: Naresh H. Patil and Shrihri P. Davare, JJ. Date : 22.11.2010 1. Heard Shri Manoj Shete, Advocate, holding for Shri Sachin Deshmukh, Advocate for the Petitioner, Shri V.D.Godbharle, A.G.P. for Respondent No.1, Shri S.S.Dande, Advocate for Respondent No.2 and Shri A.G.Ghute, Advocate for Respondent 3. 2. The petitioner seeks allotment of plot No. X-13 from M.I.D.C. which was earlier reserved for guest house. Subsequently, M.I.D.C. changed the plan and decided to auction the 2 said plot on line. By communications dated 5.9.2005 and 22.11.2007, such change in respect of the said plot was brought to the notice of the petitioner. 3. Shri S.S.Dande, learned counsel for respondent No.2, submits that a public notice of proposed auction was issued and, accordingly, auction bid was opened on 9.1.2008. Respondent No.3 was the successful bidder in whose favour M.I.D.C. executed the contract and plot was accordingly, allotted to Respondent No.3 who, under the said agreement, is to develop the said plot. 4. Considering the facts of the case, we do not find that the petitioner has any vested right in respect of the suit plot. He did not take steps 3 when the plot was auctioned, nor did he participate in auction proceedings. In view of changed facts and circumstances, we find that third party interest is already created. Writ Petition is filed in the year 2007. 5. In the circumstances, we do not find this to be a case for exercise of our extra ordinary writ jurisdiction. 6. Hence, writ petition stands dismissed. (SHRIHARI P. DAVARE, J.) ((NARESH H. PATIL, J.) pnd/wp28.08