2025:HHC:38914 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8161 of 2025 Decided on: 18.11.2025 Varun Rattan … Petitioner Versus State Bank of India and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Sanket Sankhyan, Advocate. For the respondents : Mr. Arvind Sharma, Advocate for respondent No. 1-Bank. : Mr. Pushpender Jaswal, Addl. AG for respondents No. 2 to 4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for following reliefs:- “a) [19:38, 18/11/2025] Narender Thakur: ) Issue a writ of mandamus or any other appropriate writ, order, or direction commanding Respondent /State Bank of India to deliver actual physical possession of the auctioned to petitioner i.e. land and building measuring 194-01 Sq. Meters i.e. 4860/93798 share out of land measuring 3744.45 Sq. Meters comprised in comprised in Khewat No 35, Khatoni No 79-87, Khasra No 3272/702, 3270/701, 707, 709, 706, 708, 3269/701, 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:38914 3268/701, 701/1, 3271/702, 701/2, 705, situated at Up Mohal Galua near Old Bus Stand Una immediately. [19:39, 18/11/2025] Narender Thakur: Declare the actions of respondent in failing the actual physical possession and discloser material facts constitute misleading, fraudulent and cheating conduct, violative of SARFAESI Act, public trust and Constitutional principles. c) That respondent / State Bank of India be directed Registra Pay a sum of Rs 25,000/- per month to petitioner use and occupancy charges from date of issuance of Sale Certificate i.e. 02-11-2022 till actual physical possession of auctioned property is not handed over to petitioner by respondent bank. d) Issue a writ of mandamus or any other appropriate writ, order, or direction commanding Respondent No. 2 to 4 to registered sale certificate issued to petitioner and respondent No 2 to 4 be directed to effect mutation of the auctioned property in the revenue records in favor of the Petitioner immediately without any further delay” 3. Learned Counsel for the respondent-Bank submits that though the property stands auctioned in favour of the petitioner, who was the highest bidder and in papers, possession has also been delivered to the petitioner, but actual possession thereof could not be delivered on account of the reason that certain moveable assets of the 3 2025:HHC:38914 erstwhile owner of the property are there in the premises and the same is an impediment in handing over of the possession of the premises to the petitioner. 3. This Court is of the considered view that let an itinerary/inventory of the said articles which are there in the premises be prepared in the presence of Court Commissioner, by video graphing the entire process and thereafter, vacant possession of the premises be handed over to the petitioner and moveable assets belonging to erstwhile owners of the premises can be taken care of by the Bank in the mode and manner it deems fit. As this proposal is acceptable to learned Counsel for the parties, therefore, this petition is disposed of with the direction that let moveable assets which are lying in the auctioned property, shall be taken by the respondent- Bank after preparing itinerary/inventory of the same and video graphing the entire process in the presence of Court Commissioners, namely, Mr. Skand Sharma, Advocate and Mr. Vivek Thakur, Advocate and thereafter, vacant possession of the property in issue shall be handed over to the petitioner. Fee of the Court Commissioners is fixed Rs.10,000/- each, which shall be paid by the petitioner and Bank proportionately on the day of this exercise. This entire exercise shall be completed by the Court Commissioners on or before 15.12.2025. Thereafter, respondent-Bank shall ensure that 4 2025:HHC:38914 vacant possession of the property is handed over to the petitioner forthwith. The State shall do the needful with regard to registration of the sale certificate and entry of mutation as per law. The writ petition stands disposed of in above terms. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 18, 2025 (narender)