APHC010211242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11335 OF 2025 Between: Alavala Srinivasa Reddy, S/o. Nagi Reddy, Aged about 47 years, Occ: Own Business, R/o. D. No.2-321, Kotha Ambapuram Village, Gurazala Mandal, Guntur Now Palanadu District. ...Petitioner AND 1. The Union Bank of India, Head Office at Nariman Point, Mumbai, Rep. by its Chairman. 2. The Union Bank of India, The Regional Office at D. No. 27-33-2, Sivani Towers, Gudadivalli Street, Governorpet, Vijayawada - 520 002, Rep. by its Regional Officer. 3. The Union Bank of India, Gurazala Branch, Opposite Police Station, Guntur Now Palanadu District, Rep. by its Branch Manager. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order direction declaring the action of the Respondents 1 to 3 in not releasing the documents lodged by the petitioner to the respondent bank as the security by way of mortgage in respect of Document No's 1417/1974 dated 10.09.1974 and 3999, dated 12.11.1998 is illegal, arbitrary and violation of Articles 14, 19 or i- and 21 of constitution of India, consequently direct the respondents 1 to 3 to Closure the mortgage and to release the documents of the petitioner the same. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition,, the High Court may be pleased to direct the respondents 1 to 3 to Closure the mortgage and to release the documents of the petitioner and pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondents: SMT. V. DYUMANI, SC FOR UNION BANK OF INDIA The Court at the stage of admission made the following order: APHC010211242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11335/2025 Between: 1. ALAVALA SRINIVASA REDDY,, S/0. NAGI REDDY, AGED ABOUT 47 YEARS, OCC. OWN BUSINESS, R/0. D. NO.2-321, KOTHA AMBAPURAM VILLAGE, GURAZALA MANDAL, GUNTUR NOW PALANADU DISTRICT. ...PETITIONER AND 1.THE UNION BANK OF INDIA, HEAD OFFICE AT NARIMAN POINT, MUMBAI, REP. BY ITS CHAIRMAN. 2.THE UNION BANK OF INDIA, THE REGIONAL OFFICE AT D. NO. 27- 33-2, SIVANI TOWERS, GUDADIVALLI STREET, GOVERNORPET, VIJAYAWADA - 520 002, REP. BY ITS REGIONAL OFFICER. 3.THE UNION BANK OF INDIA, GURAZALA BRANCH, OPPOSITE POLICE STATION, GUNTUR NOW PALANADU DISTRICT, REP. BY ITS BRANCH MANAGE ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the Respondents 1 to 3 in not releasing the documents lodged by the petitioner to the respondent bank as the security by way of mortgage in respect of Document No's 1417/1974 dated 10.09.1974 and 3999, dated 12.11.1998 is illegal, arbitrary and violation of Articles 14, 19 2 and 21 of constitution of India consequently direct the respondents 1 to 3 to Closure the mortgage and to release the documents of the petitioner the same lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to Closure the . mortgage and to release the documents of the petitioner and pending disposal of the above and pass Writ Petition Counsel for the Petitioner: 1.K SRINIVAS Counsel for the Respondent(S): 1.VDYUMANI The Court made the following: ::ORDER:: Heard Ms Anjani Priya, learned counsel learned counsel for the petitioner and Smt. V.Dyumani counsel for respondents 1 to 3. representing Sri K.Srinivas, learned Standing 2. The above writ petition has been filed to declare respondents 1 to 3 in not releasing the document No. 14117/1974 10.09.1974 and document No.3999, dated 12.11.1998 loan vide account No.016130100165395, as illegal and arbitrary. the action of dated despite clearing the 3. Learned counsel for the petitioner would submit that the petitioner absolute owner of land/plot bearing D.No.1107/3, is the measuring 193.6 square yards and house thereon situated at D.No.2-321, Kotha Ambapuram Village, Gurazala Mandal, Guntur District. The petitioner applied for Rs.2,50,000/- from the 3''^ respondent. The petitioner deposited the title deeds a term loan of vide document No.1417/1974 dated 10.09.1974 and document No.3999 12.11.1998. The loan amount dated was repaid in the year 2017. The petitioner made a representation dated 07.04.2025, requesting to close the account and I 3 to return the original documents. The petitioner approached the authorities and requested to return the documents, and the officers of the 3''^ respondent informed the petitioner that the document No.3999 dated 12.11.1998 is marked as Ex.B.22 in O.S.No.27 of 2013 on the file of X Additional District Judge, Gurazala. The petitioner has nothing to do with the suit. Despite redemption, the 3^^^ respondent failed to deliver the documents. A counter-affidavit was filed on behalf of respondents 1 to 3. It was contended, inter alia, that the petitioner has been enjoying various credit facilities. Registered sale deed vide document No.3999 dated 12.11.1998 and the link registered sale deed vide document No. 1417/1974 dated 10.09.1974, were deposited with the bank on 03.12.1998, in connection with a loan transaction referred to supra. During the subsistence of the mortgage, Smt. Bandi Sita Ramamma (Died) and another filed the suit O.S.No.27 of 2013 on the file of X Additional District Judge, Gurazala against Smt. Bandi Anusayamma and another for the partition. The defendants in the suit filed I.A.No.384 of 2017 in O.S.No.27 of 2013, calling for document No.3999 dated 12.11.1998 from the bank. The bank received a summons under Order 16 Rule 1 & 5 of CPC. The Branch Manager of the 3'^'^ respondent, after securing instructions from the Zonal Office, Guntur, produced the original registered sale deed document No.3999 dated 11.12.1998 before the X Additional District Judge, Gurazala in O.S.No.27 of 2013. When the Branch Manager requested for return of the original document, he or she was informed that it would be handed over after the disposal of the suit. The appeal A.S.No.62 of 2021 is pending. Due to the pendency of the appeal document could not be returned to the petitioner. The bank will take necessary steps to return the document No.3999 dated 12.11.1998 to the petitioner. 4. 5. Thus, as seen from the pleadings, there is no dispute regarding the depositing of document No.1417/1974 dated 10.09.1974 and document No.3999 dated 12.11.1998 and the discharge of the loan amount. If 4 I Out of two documents deposited, the linked document No.1417/1974 dated 10.09.1974 is with the bank and the document No.3999 dated 12.11.1998 is marked as Ex.B22 in O.S.No.27 of 2013 on the file of X 6. Additional District Judge, Gurazala. The bank authorities must return the documents to the petitioner after redemption of the loan. In fact, in para-9 of the counter-affida vit, it was pleaded that the bank will take necessary steps to return the original sale deed vide document No.3999 dated 12.11.1998 to the petitioner. Learned standing counsel, at the hearing, would submit that after getting the original document from the Court, the same will be handed over to the petitioner. 7. Given the facts and circumstances, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel, directing the respondents to return the original registered sale deed vide document No. 1417/1974 dated 10.09.1974 and document No.3999 dated 12.11.1998, to the petitioner as expeditiously as possible within two (02) months from the date of receipt of copy of the order. No order as to costs. 8. Miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chairman, Union Bank of India, Head Office at Nariman Point, Mumbai. 2. The Regional Officer, Union Bank of India, The Regional Office at D. No. 27-33-2, Sivani Towers, Gudadivalli Street, Governorpet, Vijayawada 002. 3. The Branch Manager, Union Bank of India, Gurazala Branch Police Station, Guntur Now Palanadu District. 4. One CC to Sri K. Srinivas, Advocate [OPUC] 5. One CC to Smt. V. Dyumani, SC for Union Bank of India [OPUC] 6. Two CD Copies -520 Opposite Cnr • HIGH COURT DATED: 10/07/2025 ORDER WP NO. 11335 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS