ORAL ORDER

Heard learned advocate Mr.Shakti Jadeja for the petitioner.

1. By this petition under Article 226 of the Constitution of India, the petitiner has prayed for the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned communication dated 07.08.2021 of respondent-

bank (at ANNEXUR-E hereto);

(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus or any other appropriate writ, order or direction directing therespondent-bank to refund the amount of Rs.22,07,500/paid by petitioner with regard to the auction held on 16.07.2021 for the Property ID No. UBINAHMGAN6182 as requested by the petitioner in his E-mail dated 26.07.2021;

(C) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of further proceedings pursuant to Letter dated 07.08.2021 of respondent-bank and be pleased to direct the respondent-bank not to forfeit the amount of Rs.22,07,500/~- paid by petitioner with regard to the auction held on 16.07.2021 for the Property ID No. UBINAHMGAN6182;

(D) Pass any such other and or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

2.1. The brief facts of the case are that the respondent- Union Bank of India issued an E-Auction sale notice on 22nd June, 2021 for some of the properties of borrowers/guarantors for recovering its outstanding dues in loan account of M/s.Spiral Rubber Industries.

2.2.According to the E-Auction sale notice, auction was scheduled to be conducted on 16th July, 2021.

2.3. The petitioner participated in the E-Auction and submitted a bid for property being “All that piece and parcel of the non-agricultural residential purpose Plot No.21, Radhey Residency, Near Pancham Pushpam, Near Gotri Road, Admeasuring 2165.82 Sq.ft (net area as per sale deed) and 1765.29 Sq.ft (net area as per actuals) lying being and situated at land bearing Survey No.104 of City Survey No.2773, Village-Gotri (Zone-4), Taluka and District-Vadodara” (herein after refererd to as “property in question”).

2.4. The petitioner submitted a bid of Rs.88,30,000/- for the property in question.

2.5.The Bank by Email dated 17th July, 2021 informed the petitioner that the bid of the petitioner is accepted as highest bid and the petitioner was declared successful bidder.

2.6.It is the case of the petitioner that thereafter, petitioner met the staff of builder of “Radhey Residency” and the petitioner found that the property in question was having land admeasuring 1600 Sq.ft. only and other land has been sold to some Doctor.

2.7.The petitioner therefore visited the respondent-Bank and made inquires from the Bank about the measurement of the property in question and about the sale deed which has been mortgaged by the borrower/guarantor with the Bank. The respondent-Bank provided the sale deed dated 17th March, 2016 in name of Shri Mayank R. Sukhadiya-the Mortgagor.

2.8.According to the petitioner, on perusal of the sale deed, there was a difference in total measurement of the property in question mentioned as 3534.82 Sq.Mtrs instead of 2165 Sq.ft. written in the E-Auction sale notice.

2.9.The petitioner therefore raised grievance by Email dated 26th July, 2021 about the measurement of the property in question and requested to return 25% of the amount i.e. Rs.22,07,500/- deposited the petitioner within two days.

2.10. The respondent-Bank by letter dated 7th August, 2021 rejected the request of the petitioner for refund of 25% amount and further informed the petitioner that the description of the property in the sale notice is as per description of registered sale deed which is available with the Bank.

2.11. Being aggrived by such communication dated 7th August, 2021, the petitioner has filed this petition with the afores