Telangana High Court
WP/28469/2008 of K. Venkat Ram Reddy Vs The Andhra Pradesh State Financial Corporation on 31 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.28469 of 2008 Between: 1 K. Venkat Ram Reddy S/o. Late K. Venkat Ram Narsimha Reddy R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE SRI JUSTICE C.V.RAMULUWRIT PETITION No.28469 of 2008
Between:
1 K. Venkat Ram Reddy S/o. Late K. Venkat Ram Narsimha Reddy R/o. H.No. 2-2-392, Kishanpura, Hanumakonda, Warangal. R/o. H.No. 2-2-392, Kishanpura, Hanumakonda, Warangal.
2 Smt. K. Haritha W/o. Shashi Kiran Reddy R/o. H.No.2-2-392, Kishanpura, Hanumakonda, Warangal. R/o. H.No.2-2-392, Kishanpura, Hanumakonda, Warangal.
AND
..... PETITIONERS
1 The Andhra Pradesh State Financial Corporation Warangal Branch, Beside District Central Library, Bala samudram, Hanamkonda, rep. by its Senior Manager. Warangal Branch, Beside District Central Library, Bala samudram, Hanamkonda, rep. by its Senior Manager.
2 The Senior Branch Manager, The Andhra Pradesh State Financial Corporation, Warangal Branch, Warangal. Corporation, Warangal Branch, Warangal.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtmay be pleased to issue a Writ or Order or Direction, more particularlyone in the nature of Writ of mandamus declaring the inaction of therespondents in executing a registered release deed in respect of thepremises/house bearing No. 2-2-392, situated at Naim Nagar,Kishanpura, in pursuance of the Mortgage Deed dated 3-6-2003executed between the 2nd petitioner and another and the respondentsherein as arbitrary, illegal, unfair and unjust and violative of Article 14and 300-A of the Constitution of India and consequently direct therespondents to execute the registered release deed in favour of the 1stpetitioner in the interest of justice.
Counsel for the Petitioners: MR.P.KESAVA RAO
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Counsel for the Respondents: MR.M.S.RAMACHANDRA RAO
The Court made the following:
THE HONOURABLE SRI JUSTICE C.V. RAMULU
WRIT PETITION No.28469 OF 2008
ORDER:
Heard the learned counsel for the petitioners and the learnedStanding Counsel appearing for the respondents.
According to the petitioners, the 1[st] petitioner has mortgaged hishouse bearing municipal No.2-2-392 situated at Hanamkonda,Warangal District, towards security for the loan obtained by his daughterfrom the 1[st] respondent Corporation, by executing a registered mortgagedeed dated 03.06.2003. It is the case of the petitioners that the said loanamount was repaid in total and the loan account was closed. Thepetitioners complain that though all the documents have been releasedpursuant to the closure of the loan account and the hypothecation wascancelled, the respondents are not executing a registered release deedin favour of the 1[st] petitioner in respect of the aforesaid premises, whichis obligatory on their part.
There is no necessity of going into all the details.
Mr. M.S. Ramachandra Rao, learned Standing Counsel for therespondent Corporation, on instructions, submits that the respondentsare willing to execute the registered release deed in favour of the 1[st]petitioner, which they are bound to do on closure of the loan account.
In view of the above submission of the learned Standing Counselfor the respondent Corporation, the writ petition is disposed of directingthe respondents to execute the registered release deed in favour of the1[st] petitioner as required under the law within a period of three weeksfrom the date of receipt of a copy of the order. No order as to costs.
31[st] December, 2008IBL
__________________
JUSTICE C.V. RAMULU
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