THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.1526 of 2024

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:

“…to issue an appropriate writ, order or direction one in the nature of Writ of Mandamus declaring the action of Respondent Nos.1 and 2 in non-considering the representation of the Petitioner and non-initiating to release the Gold Ornaments of 4 Tulas of the Petitioner and non- releasing the E-Pattadar Passbook to the Petitioner after clearing of the crop loan and gold loan also denying to handover the gold ornaments and documents to the Petitioner is illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 21 and 300-A of Constitution of India and also violation of Principles of Natural Justice and consequently direct the Respondent No.2 to release gold ornaments as well as pattadar passbooks of the Petitioner and pass...”

2. The case of the petitioner is that her husband’s whereabouts are not known since more than 7 years. Therefore, she filed a complaint with respondent No.3 and basing on the said complaint, respondent No.3 registered a case in Crime No.145/2018 as ‘Man Missing’ on 17.09.2018. It is further case of the petitioner that her husband is having agricultural land to an extent of Ac.4.20½ gts in Survey Nos.36/12, 36/7, 79/4, 80/3 and 81/3 situated at Gajalapuram Village, Madugulaplly Mandal, Nalgonda District and to cultivate the said agricultural land her husband obtained gold loan as well as crop loan from respondent No.2 bank. Having come to know about the said loans being sanctioned by the respondent No.2-

Bank, she has cleared the same.

3. The learned counsel for the petitioner would submit that that even after clearing the said loans by the petitioner, respondent No.2 has not released the gold ornaments as well as Passbooks, which constrained the petitioner to submit a representation to respondent No.2 on 10.05.2023 requesting to release the gold ornaments as well as Passbooks, but even after receipt of the said representation, respondent No.2 did not act upon the same and moreover, the respondents are insisting the petitioner to produce legal heir certificate to enable them to release the gold ornaments and Passbooks.

4. As it is stated that the petitioner has discharged loan amount, the respondents are directed to release the gold ornaments and passbooks on production of legal heir certificate/succession certificate issued by the competent authority and furnishing an undertaking by the petitioner that the petitioner/legal heirs would be responsible, if any, third party claims are made over the properties.

5. With the above observations, this writ petition is disposed of.

There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

___________________________ C.V. BHASKAR REDDY, J Date: 31.07.2024 vsu