IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1260 of 2025 Decided on: 16.01.2025 _______________________________________________________ Roop Singh ……….. petitioner Versus State of H.P. and others …….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Vacation Judge Whether approved for reporting? 1 For the petitioner : Mr. Kulwant Singh Gill, Advocate. For the respondents : Mr. Rajan Kahol, Additional Advocate General, for respondent No.1. : Mr. Narender Singh Thakur, Advocates, for respondents No. 2 & 3. ____________________________________________________ Bipin Chander Negi, Vacation Judge (oral) Being aggrieved with issuance of public notice, whereby property of the petitioner has been put to auction on account of his having failed to repay the loan, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for the following main relief: i. That a writ of certiorari may kindly be issued, quashing and setting aside the impugned Publication notice (Annexure P-7) passed by Managing Director of respondent, since the same being illegal, arbitrary and bad in the eyes of law. 2. While putting in appearance on behalf of respondents No. 2 & 3, Mr. Narender Singh Thakur, Advocate, states that land proposed to be put to auction vide public notice does not belong to the petitioner, rather same has been purchased by the bank in the year 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 2015 in open auction, but in case, petitioner is ready and willing to pay the entire loan amount with upto date interest, respondent/Bank may consider the prayer for cancellation of auction. He further states that to show his bona fide, petitioner may be directed to deposit at least Rs. 10.00 lakhs within two weeks and thereafter, remaining amount by 22nd February, 2025. 3. Though prima facie this Court is of the view that present petition is not maintainable, however, having taken note of the fact that petitioner is ready and willing to pay the entire loan amount with upto date interest, coupled with the fact that respondent/Bank if receives entire loan amount, has no objection in cancelling the public auction, this Court, without adverting to the merits of the case, deems it fit to dispose of the present petition with a direction to the petitioner to deposit sum of Rs. 10.00 lakhs within two weeks i.e. 30.01.2025 and remaining amount on or before 22.02.2025 and in that event, notice of public auction shall not be given effect to. Ordered accordingly. Needless to say, in the event of non-payment of amount agreed to be paid, respondent/bank would be at liberty to proceed with the matter in terms of notice of public auction. Pending applications, if any, stand disposed of (Bipin Chander Negi) Vacation Judge January 16, 2025 tarun