HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21309 of 2008 Date: 07.07.2010 Between: Tekmal Kistaiah. … Petitioner And Central Bank of India, Gadipeddapur Branch, Medak District, rep. by its Branch Manager & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21309 of 2008 ORDER: The petitioner is an agriculturist. In this writ petition, he seeks directions by way of Mandamus, declaring the action of respondents in not releasing the sanctioned loan amount to him as per the mortgage deed bearing document No.5542 of 2007, dated 17.11.2007, as illegal and arbitrary. It is the case of the petitioner that by executing mortgage deed mortgaging his land towards security for an amount of Rs.2 lakhs, he has applied for grant of loan and the same is sanctioned, but the respondents have released only Rs.80,000/-, and are not releasing the remaining amount. A detailed counter affidavit is filed by the Branch Manager of Central Bank of India, Gadipeddapur Branch in Medak District. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the petitioner has approached the respondent-bank for financial assistance, by way of crop loan. He was given the Kisan Credit Card known as Central Kisan Credit Card (CKCC) and he was sanctioned an amount of Rs.80,000/- towards crop loan. However, the petitioner has requested the respondents to sanction other loans for the purpose of borewells, pumpsets, pipelines etc. Then he was informed that he should give separate applications for each category. In the counter affidavit, respondents have admitted that the petitioner has mortgaged his land towards security for the crop loan and also for other loans, but he failed to give separate applications for sanction of other loans, as such, the other loans are not sanctioned except the crop loan of Rs.80,000/- under Kisan Credit Card system. It is the case of respondents that as no other application has been made for grant of any other loan, merely because the petitioner has executed mortgage deed for an amount of Rs.2 lakhs, no further amount can be sanctioned towards any other loan. While it is true that the petitioner has executed mortgage deed for an amount of Rs.2 lakhs as collateral security for crop loan as well as other loans, but in the absence of separate applications for sanction of other loans, it cannot be said that the action of respondents in not releasing further amounts, as illegal. Merely because the petitioner has executed the mortgage deed as a collateral security for an amount of Rs.2 lakhs, by itself, will not confer any right on the petitioner for release of any further loans. In that view of the matter, petitioner is not entitled for any relief as prayed for in the writ petition. However, as it is stated in the counter that the petitioner has already executed the simple mortgage deed towards collateral security, I am sure that if applications are filed by him for grant of other loans, same shall be considered respondents, keeping in mind the mortgage deed executed by him for Rs.2 lakhs. Such consideration shall be as per the banking policy and also keeping in mind the fact that the petitioner is an agriculturist. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 7th July 2010 ajr