IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19850 of 2025 Decided on: 19.12.2025 ------------------------------------------------------------------------------------- Sohan Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. C.S.Thakur, Advocate. For the Respondents: Mr.Vishwadeep Sharma, Additional Advocate General, for respondents No.1 and 2. Mr. Abhinav M Goel, Advocate, for respondents No.3 and 4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Vishwadeep Sharma, learned Additional Advocate General and Mr. Abhinav M. Goel, learned counsel, appear and waive service of notice on behalf of respondents No.1 & 2 and respondents No.3 & 4, respectively. 2. Petitioner is an agriculturist, aged 70 years. He feels aggrieved against auction notice dated 24.11.2025 (Annexure P-1) issued by the respondents-Bank, whereby 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 his property is scheduled to be put up for auction on 24.12.2025. 3. The case set up by the petitioner is that he had availed loan facility from respondents-Bank in the year 2014 for an amount of Rs.4,50,000/-. The total amount due from the petitioner, in terms of auction notice, is stated to be Rs.965,894/-. According to the petitioner, he has till date re-paid a sum of Rs.1,00,000/-. In lieu of loan, petitioner is stated to have mortgaged his agricultural land measuring 16 bighas 02 biswas, situated at Mohal Kultha, Tehsil Rajgarh, District Sirmour, H.P. 4. Learned counsel for the petitioner submits that the aforesaid land is the only source of livelihood for the petitioner. The petitioner could not repay the loan amount on account of natural calamities etc. In view of petitioner’s defaulting in re-payment of loan amount, the property mortgaged by him is scheduled to be auctioned under notice dated 24.11.2025 (Annexure P-1) on 24.12.2025. Learned counsel for the petitioner further submits that petitioner is ready to pay the balance loan amount, however, he needs time for the purpose. Learned counsel for the respondents-Bank submitted that respondents are not averse to consider the case of the petitioner in 3 accordance with law, but petitioner has to deposit some amount to show his bonafides. 5. In view of submissions made by learned counsel on both sides, this writ petition is disposed of with directions that in case petitioner deposits Rs.1,00,000/- with respondents-Bank on or before 23.12.2025, the respondents-Bank shall not proceed with the auction proceedings in terms of notice Annexure P-1. Upon petitioner’s deposition of Rs.1,00,000/- by or before 23.12.2025, respondents No.2 and 3 shall consider the case of the petitioner for settlement in accordance with law with due opportunity to him within next four weeks. Decision so taken, be also communicated to the petitioner. In case of non-deposit of the amount by the aforesaid period, the respondents shall be at liberty to proceed further in the matter in accordance with law. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua December 19, 2025 Judge R.Atal