IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1254 of 2025 Decided on: 16.01.2025 ______________________________________________________ Birma Devi & another ……….. petitioners Versus The H.P. State Cooperative Agricultural & Rural Development Bank Limited & others …….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Vacation Judge Whether approved for reporting? 1 For the petitioners : Mr. Piyush Verma, Sr. Advocate, with Mr. Anuj Bali, Advocate. For the respondents : Mr. Ishan Kashyap, Advocate, for the respondents. ____________________________________________________ Bipin Chander Negi, Vacation Judge (oral) Being aggrieved with issuance of public notice, whereby property of the petitioners has been put to auction on account of their having failed to repay the loan, petitioners have approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for quashing of the public auction notice Annexure P-1, whereby public auction is to be held on 17.01.2025. 2. While putting in appearance on behalf of the respondents, Mr. Ishan Kashyap, Advocate, states that land proposed to be put to auction vide public notice does not belong to the petitioners, rather same has been purchased by the bank in the year 2018 in open auction, but in case, petitioners are 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 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 that to show their bona fide, petitioners 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 petitioners are 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 petitioners 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