IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 2528 of 2011 Date of decision: 02.06.2011 Rajan Gupta ...Petitioner Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Rakesh Bhatia, Advocate for the petitioner. Mr. O,P. Batra, Advocate for respondents No. 2 and 3. RANJIT SINGH J. Rajan Gupta son of Shanti Sarup Gupta has filed this writ petition seeking directions especially in the nature of mandamus to consider the representation, Annexure P-4, which is his request of higher bid to purchase the property i.e. plot No. 51, measuring 460 square yards situated in Abadi Mahavir Jain Colony, Tajpura road, Ludhiana. These directions are sought pursuant to the order dated 13.01.2011 passed by this Court in CWP No. 547 of 2011 whereby the borrower was given liberty to take the prospective buyer for permitting him to give a bid in the auction, which was fixed for 14.01.2011. The petitioner did not participate in the auction. However, the counsel contends that the petitioner was not permitted to participate in the bid though he had taken the borrower on 14.01.2011. The petitioner thereafter has filed this writ petition to express his readiness to pay sum of ` 32 lakhs for the property, which was put to sale at ` 21.55 lakhs. Civil Writ Petition No. 2528 of 2011 -2- While issuing notice, further action to conclude the sale was ordered to be stayed. Today, it transpires that the petitioner is making this offer as conditional one. According to the counsel, he is ready to pay sum of ` 32 lakhs for this property provided the possession of the property is handed over to him. When put to the counsel for the Bank, he on instructions, points out that the property was mortgaged by the borrower and the bank has a symbolic possession only. This fact, however, is disputed by the counsel for the petitioner, who says that the possession is not with the bank. Be that as it may, the fact that the property was mortgaged by the borrower with the bank is not in dispute. Once the property is under mortgage and the Bank has auctioned it as and where basis, the condition imposed by the borrower to make a bid for ` 32 lakhs if the possession is handed over to him, cannot be accepted. This conditional offer, therefore, is rejected. The writ petition lacks merit and is, accordingly, dismissed. June 02, 2011 (RANJIT SINGH ) rts JUDGE