Extracted from the PDF above. The PDF is authoritative.
2025:HHC:35062 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.16298 of 2025 Decided on: 15.10.2025 Sh. Jiya Lal
… Petitioner Versus The Managing Director, H.P. State Cooperative Agriculture & Rural Development Bank Ltd. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner : Mr. Vinod Kumar Thakur, Advocate. For the respondents : Mr. Narender Singh, Advocate. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Narender Singh, learned Counsel, accepts notice on behalf of the respondents. By way of this petition, the petitioner has, inter alia, prayed for the following relief:-
“(i) That an appropriate writ, order or direction may kindly be issued and the public auction notice dated 08.10.2025 (Annexure P-2) qua the petitioner scheduled to be conducted on 15.10.2025 qua the total land 0-54-24 hectares
comprised
in
Khata/Khatauni
No Khata/Khatauni No. 56/201 to 203, Khasra No. 326, 460, 461, 556,569, 580, 615, 519, 203 for the land measuring 0-08-70 hectares, half share out of total 6 shares in Khata Khatauni No. 57/204, khasra No. 323, plot 1 land measuring 00-02-56 out of total 00-05-11 hectares and half share out of total 2 shares in Khata/Khatauni No. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:35062 55/115 to 118, Khasra No. 63, 64, 257, 61, 161, 1633, plots 6 for the land measuring 00-43-49 hectares situated at Revenue Village Shalag and Bani-Basa may be quashed and set aside in the interest of justice and fair play.”
2. The petitioner is aggrieved by the Public Auction Notice (Annexure P-2), in terms whereof, the property of the petitioner has been put to public auction for non-payment of the loan amount. On a query put to learned Counsel for the petitioner, the Court was informed that loan to the tune of Rs.5,00,000/- was availed by the father of the petitioner in the year 2009 and till date, i.e. as on 15.10.2025, not even a single penny has been re-paid either by the deceased-father during his lifetime, or the petitioner. The father of ther petitioner is stated to have died as far back as in the year 2017. 3.
In light of the conduct of the parties who have not deposited even a single penny after availing a loan of Rs.5,00,000/- from the Bank concerned, no indulgence as is being prayed for, can be granted and therefore, the petition is dismissed, but with the observation that if the petitioner is so advised, may participate in the auction proceedings. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel)
Judge October 15, 2025 (Rishi)