1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1327 of 2025 Date of Decision : 20.01.2025 Jiya Lal …… Petitioner Versus H.P. State Cooperative Agriculture & Rural Development Bank Ltd. and others ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge Whether approved for reporting?1 For the petitioner : Mr. Ankit Kaloti, Advocate, Advocate. For the respondents : Mr. Hamender Singh Chandel, Advocate. Bipin Chander Negi, Vacation Judge (oral) Being aggrieved with issuance of Public Auction Notice (Annexure A-2), whereby property of the petitioner has been put to auction on account of him having been failed to repay the loan, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India. 2. While putting in appearance on behalf of the respondent/Bank, Mr. Hamender Singh Chandel, Advocate, states that the 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 2017 in open auction, but in case, petitioner is ready and willing to pay the entire loan amount with up- 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 to-date interest, respondent/Bank may consider the prayer for cancellation of auction. 3. Though, prima facie, this Court is of the view that the present petition is not maintainable, however, having taken note of the fact that the petitioner is ready and willing to pay the entire loan amount along with up-to- 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 entire loan amount with up-to-date interest within a period of four weeks from today, i.e. on or before 20.02.2025 and in view thereof, notice of public auction (Annexure A-2), insofar as it pertains to the petitioner, 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 (Annexure A-2) insofar as the petitioner is concerned. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) January 20, 2025 (KS) Vacation Judge