HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HONOURABLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.1781 of 2011 ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.1-bank in withholding the title deeds viz., original registered sale deed NoL:35/89, dated 06.01.1989 of S.R.O.Mangalagiri, (2) Original registered sale deed NoL:711/75, dated 29.04.1975 of S.R.O.Mangalagiri and (3) pattadar passbook and title deed relating to the property of the petitioner in an extent of Ac.0.20 cents out of Ac.5.80 cents and Ac.1.93.1/3 cents out of Ac.5.80 cents of D.No.42, Patta No.55 situated at Velagapudi Village of Tulluru Mandal, Guntur District as illegal and arbitrary and consequently, to direct the first respondent-bank to release the same to the petitioner. In the affidavit, filed in support of the writ petition, it is stated that the writ petitioner is the absolute owner of the aforesaid property and the same was offered as security to the loan availed by one M/s Mayuri Traders from the respondent-bank and that her son also joined as co- mortgager and in that regard, the aforesaid documents were deposited with the respondent-bank. It is the grievance of the petitioner that though the said mortgage has been redeemed by the borrower by paying off the entire due payable to the first respondent- bank as regards the said loan, the first respondent-bank is not releasing the title deeds, etc., submitted by the petitioner. It is also stated that despite various representations made by the petitioner for release of the title deeds, the same are not considered by the first respondent-bank. Heard learned counsel appearing for either parties and perused the relevant material papers placed on record. It is represented by the learned counsel for the petitioner that the loan availed by the borrower by mortgaging the aforesaid documents with the first respondent-bank has already been cleared i.e., the due amount has been paid and the account was also closed and as such, prayed the Court to allow this writ petition. Admittedly, the loan availed by the borrower-M/s Mayuri Traders from the first respondent-bank, to which the aforesaid property standing in the name of the petitioner was offered as security by deposit of the title deeds, pattadar pass book, etc., and her son joined as co- mortgagor, was discharged by duly paying off the entire debt. However, it appears that the first respondent-bank refused the request of the petitioner for return of the aforesaid documents deposited with them vis-à-vis the loan availed by one M/s Mayuri Traders, on the ground that the second respondent who stood as guarantor to another loan facility availed by another borrower-M/s Model Bottle House from Ramkote Branch, Hyderabad of the first respondent-bank has failed to discharge the same. When once the loan availed by the borrower-M/s Mayuri Traders at Vijayawada branch of first respondent- bank, by duly offering the aforesaid property as security, was discharged and the account was closed, there is no justification on the part of the first respondent-bank in detaining the documents referred to in the writ petition with them on the ground that for the loan availed by the another borrower at Ramkote Branch, Hyderabad of first respondent-bank, for which the second respondent herein stood as guarantor was not discharged. In that view of the matter and also taking into account the totality of the facts and circumstances of the case, the writ petition is disposed of directing the first respondent-bank to release the title deeds viz., original registered sale deed NoL:35/89, dated 06.01.1989 of S.R.O.Mangalagiri, (2) Original registered sale deed NoL:711/75, dated 29.04.1975 of S.R.O.Mangalagiri and (3) pattadar passbook and title deed relating to the property of the petitioner in an extent of Ac.0.20 cents out of Ac.5.80 cents and Ac.1.93.1/3 cents out of Ac.5.80 cents of D.No.42, patta No.55 situated at Velagapudi Village of Tulluru Mandal, Guntur District, to the petitioner within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED ______________________ JUSTICE K.G.SHANKAR 07th July 2011 Note: Issue CC by 11.07.2011 B/o DR