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2021 DIGILAW 256 (HP)

Shamsher Singh v. State of H. P.

2021-04-22

AJAY MOHAN GOEL

body2021
JUDGMENT : Ajay Mohan Goel, J. By way of this petition, petitioner has prayed for the following reliefs:- “i. That the respondent No.1 may very kindly be directed to stop the auction proceedings (Annexure P-1) in the interest of law and justice. ii) that further with a pray that the order passed by Ld. District Judge, Shimla vide its order dated 09.12.2020 in execution petition No.455-S of 2018 titled as HDB Finance V/s Shamsher Singh and others (Annexure P-3) may very kindly be quashed and set aside. iii) Further with a pray that direct the respondent No.1 not to execute the order of Ld. District Court, Shimla for the auction of land/property of petitioner No.2 which is situated in khasra Nos.657, 658 & 659, total measuring 00- 41-12, situated at Mohal Nanno, Tehsil Theog, District Shimla, H.P. in the interest of justice. iv) That further with a pray that direct the respondents No.2 and 3 to apprise this Hon’ble Court about the selling price of the said vehicle which has been illegally taken away and sold the same without the consent of petitioner No.1 and further may very kindly be directed the respondents No.2 and 3 to adjust the selling price i.e. Rs. 10,00,000/- against the loan amount according to the relevant value of the insurance at that time.” 2. Having heard learned counsel for the parties, this Court is of the view that the reliefs prayed for by the petitioner cannot be granted in a petition filed under Article 226 of the Constitution of India. In fact, filing of this petition is nothing but abuse of the process of law. 3. It is settled law that this Court in exercise of its writ jurisdiction, cannot entertain petitions against the judicial orders passed by the competent Court of Law. 4. By way of this petition, the prayer of the petitioner is for quashing of the order passed by the Court of learned District Judge, Shimla, District Shimla, H.P. dated 09.12.2020, in Execution Petition No.455-S of 2018, titled as HDB Financial Services Ltd. Versus Shamsher Singh & others and also for issuance of direction that respondent No.1 shall not execute the order of learned District Judge, Shimla, District Shimla, H.P., with regard to auction of the property of petitioner No.2. 5. 5. In Radhey Shyam and Another Versus Chhabi Nath and Others (2015) 5 Supreme Court Cases 423, a three Judges Bench of Hon’ble Supreme Court has been pleased to hold that the judicial orders of Civil Court are not amenable to the writ jurisdiction under Article 226 of the Constitution of India. 6. In this view of the matter, as the present petition filed under Articles 226 of the Constitution of India is not maintainable, the same is dismissed, so also pending miscellaneous applications, if any. 7. At this stage, learned counsel for the petitioner submits that dismissal of the petition may not be a bar to the petitioner as far as other remedies available in accordance with law are concerned. It is clarified that petitioner shall be at liberty to avail such remedies qua the cause raised in this petition as are admissible in law.