2025:HHC:8611 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 4715 of 2025 Decided on : 01.04.2025 Sh. Prem Singh and another. …Petitioners Versus Himachal Pradesh State Co-operative Agriculture & Rulral Development Bank Ltd. and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : M/s Jeevesh Sharma and Seema Azad, Advocates. For the respondents : Mr. Hamender Singh Chandel, Advocate, for respondents No.1 & 2. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:- “i. Issue a writ of mandamus or any other appropriate writ, order, or directions thereby quashing the auction/sale proceedings as conducted by the respondents bank, in pursuance to the Public auction notice dated 16-01-2025, as the same is illegal and disproportionate as submitted in detailed in preceding paras. 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:8611 ii. That the entry made vide mutation No. 27 dated 13.09.2021, in the revenue records in the name of respondents bank qua the ownership of the property of the petitioners, may kindly be ordered to be quashed and set-aside. iii. The respondents bank may kindly be directed to place on record complete record of auction proceedings conducted by the respondents bank in pursuance to the Public auction Notice dated 16-01-2025 and further disclose the amount fetched during the auction proceedings and direct the respondents Bank to refund the excess amount along with interest in favour of the petitioners, received from the auction sale, after adjusting the outstanding dues.” 2. The petitioners herein assail the auction that has been conducted by the respondent-Bank of the property in lieu of the outstanding loan, which was not paid by the petitioner to the respondent-Bank, which auction as per the petitioner was conducted on 16.01.2025. 3. Learned counsel appearing for respondents No.1 & 2 has drawn the attention of this Court to Annexure P3, which is the order passed by the Hon’ble Coordinate Bench, in the 3 2025:HHC:8611 earlier writ petition filed by the petitioner i.e. CWP No. 15755 of 2024, titled Prem Singh Vs. Himachal Pradesh State Co- operative Agriculture & Rural Development Limited and another and submitted that as the property which has been put to auction, in fact, was purchased by the Bank in the year 2019, therefore, it is incorrect on the part of the petitioner to allege that the property belongs to them. He further submitted that prayers which have been made in this writ petition include prayers which were made in earlier writ petition also. He also pointed out that in terms of the order passed by the Hon’ble Vacation Judge on 15.01.2025, despite time having been granted to the petitioner to deposit the loan amount, he failed to do so and thus filing of this writ petition is nothing but abuse of the process of law. 4. Having heard learned counsel for the parties and having carefully gone through the pleadings, all that this Court can observe is that this writ petition is highly misconceived and not maintainable. 5. At this stage, on the request of learned counsel for the petitioners, the petition be allowed to be withdrawn. 4 2025:HHC:8611 Accordingly, the petitioner is dismissed as withdrawn. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 01, 2025 (Shivank Thakur)