!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1354/2009 Date of order :: 25.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.V.K. Vyas, for the petitioner. Mr.Jagdish Vyas, for the respondents. In pursuance of the order passed by this Court on 05th March, 2009 the auction proceedings were commenced but respondents were directed in this writ petition on 5.3.2009 that auction shall not be finalized and bids given by the purchasers shall be kept in sealed cover. Today, learned counsel for the respondents has placed the sealed cover envelope for perusal of the Court. The said sealed cover envelope is opened in the Court and after perusal returned to counsel for the respondents. Heard learned counsel for the parties. !! 2 !! By way of filing present writ petition, petitioner is challenging the auction notice dated 30.01.2009 (Annexure-7) so far as it relates to the property in question and further prayed that respondent-Bank may be directed to auction the property in question after showing the appropriate reserve price as per the market value. Learned counsel for the petitioner submits that earlier cost of the property was assessed by the valuer of the Bank and later on the property was got valued by another valuer and now while treating the petitioner's property as residential property, the respondent-Bank is going to auction the same. In this case, petitioner is raising disputed question of fact and for the same he is required to file a detail representation to the respondent-Bank. Upon filing such representation, the respondent-Bank is directed to decide the said representation within a period of 15 days form the date of filing representation by the petitioner. The petitioner may file his representation within a period of one week from the date of receipt of certified copy of this order. However, it is !! 3 !! expected from the respondent-Bank that they will decide the representation of the petitioner while considering all the grounds taken by the petitioner in the representation. It is also made clear that after deciding the representation of the petitioner, respondent-Bank will be at liberty to auction the property in question. With the above direction/observation, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-