IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19497 of 2008 Between: 1 Ede Venkata Subba Lakshmi, W/o. Ede Veera Raghavaiah, Hindu, R/o. Palavaipadu,Movva Mandal, Krishna District. 2 Vanamala Subbalakshmi, W/o. V. Suryanarayana, Hindu, R/o. D.No. 7-9, Kothapet, Gangadharam Street, Nuzvid, Krishna District. ..... PETITIONER(S) AND 1 The Deputy Cooperative Registrar, Nuzvid, Krishna District, Andhra Pradesh. 2 Agiripalli Primary Agriculture Cooperative Credit Society, Agriripalli - 521 211, Krishna District, Rep. by its Secreta Krishna District. 3 Agiripalli Primary Agriculture Cooperative Credit Society, Agriripalli - 521 211, Krishna District, Rep. by its Preside Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in not returned the documents of Pamarthi Pagidamma, W/o. Sobhanadreeswara Rao relating to the landin an extent of Ac. 3.30 cents covered by RS No. 373/4 of Agidipalli Village, Nuzvid Mandal, Krishna District inspite of discharging of the debt under credit No. 787/3945 as per the Will Dt. 10-5-2004 is arbitrary, capricious and contrary tothe principles of natural justice and to pass Counsel for the Petitioner:MR.YALLABANDI RAMATIRTHA Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19497 of 2008 ORDER: The petitioners claim to be the daughters of late Pamarthi Pagidamma. It is stated that their brother, by name Koteswara Rao, obtained a loan of Rs.50,000/- from the 2nd respondent-society in the year 1997 and an extent of Ac.3.30 cents of land in R.S.No.374/4 of Agirpalli Village was oﬀered as security. Padigamma is said to have executed a will, dated 10.05.2004, bequeathing the said land in favour of the petitioners and died on 10.06.2004. The petitioners submitted a representation to the respondents, stating inter alia that the loan amount, for which, the land was oﬀered as a security, has already been cleared and requested for return of the documents pertaining to the land. Their grievance is that no action has been taken thereon. Heard the learned counsel for the petitioners and the learned Government Pleader for Co-operation. Even according to the petitioners, the documents pertaining to the land are in deposit with the 2nd respondent-society. The return thereof can be claimed by the person, who made the deposit, that too, after clearing the loan. Though the petitioners assert that the loan was cleared, the same needs to be veriﬁed with reference to the records of the Society. The second aspect is as to whether there is any internal dispute between the petitioners on the one hand and their brother, on the other. So far as the 2nd respondent is concerned, the only matter that needs to be veriﬁed is as to whether the loan was cleared. Hence, the writ petition is disposed of, directing respondent No.2, to inform the petitioners, as to the status of the loan said to have been borrowed by Koteswara Rao, by oﬀering the property, in question, as security. In case, the loan has been cleared, and there is no dispute between Koteswara Rao and the petitioners herein, the documents shall be returned. On the other hand, if the loan is outstanding or if there is a dispute between them, the course of action to be taken, is to be communicated to the petitioners. This exercise shall be completed within four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 08.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19497 of 2008 Date: 08.09.2008 JSU