THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.25697 OF 2025

ORDER:

This Writ Petition is filed challenging the action of Respondent Nos.1 and 2 in refusing to release the original documents mortgaged with Respondent No.2 Bank for the Petitioner’s loan (A/c No.0446655100001007), despite full repayment, issuance of a No Dues Certificate dated 26.11.2020, and removal of the attachment order by the Hon’ble DRT-II Hyderabad. Petitioner further seeks a direction to the Respondents to immediately release the original documents.

2. Heard Sri K.Sathakarni, learned counsel for petitioner, Sri T.Srujan Kumar Reddy, learned Special Public Prosecutor for CBI, for respondent No.3 and learned Government Pleader for Revenue for respondent No.4. Perused the record.

3. When the matter was taken up, learned counsel for the petitioner submitted that the issue raised in this Writ Petition is squarely covered by the order dated 13.07.2023 passed by this Court in W.P.No.23651 of 2020, and therefore, the same order may be passed in this Writ Petition as well. The Operative portion of the said order reads as follows:

“In the light of the above facts and circumstances and also taking into consideration the crucial fact that the entire loan amount is cleared and a No Due Certificate was already issued by respondent No.2, as early as on 25.11.2020, and the submissions made by learned Senior Counsel that the petitioner would submit all the documents, as and when required by respondent No.3, this Court of the considered view that there is no controversy that is required to be resolved in this Writ Petition. Accordingly, this Writ Petition is disposed of directing the respondent Nos.1 and 2 to take all steps to return all the original documents documents that were deposited by the petitioner in connection with the loan transactions in respect of loan Account Nos.446655100000037, 446655100000046, 446655100000055,446655100000064 and 446655100000073, within a period of six (06) weeks from the date of receipt of a copy of this order. Further, the petitioner is directed to file an affidavit in this Writ Petition undertaking to produce the documents that would be returned by respondent No.2 pursuant to the direction of this Court before respondent No.3 as and when required, within a period of two (02) weeks from the date of receipt of a copy of this order.

4. Learned counsel for the petitioner filed an affidavit stating that, while disposing of the said Writ Petition with a direction to release of all original documents by the respondent Bank, this Court had specifically directed the petitioner therein to file an affidavit undertaking that, as and when required by the CBI, the petitioner would produce the original documents. It is further submitted that, during the hearing of arguments on an earlier occasion, this Court directed the petitioner to file a similar affidavit in the present matter. In view of this direction, the petitioner hereby undertakes to produce and submit the original documents and as and when required by the Central Bureau of Investigation (CBI).

5. Learned Special Public Prosecutor for CBI, for respondent No.3 vehemently opposed for the same stating that the Charge- sheets in respect of A-3 & A-6 to A-24 groups and co- conspirators including the petitioner, have also been filed and CC Numbers are awaited. In fact the trial is already commenced in CC.No.10 of 2021 and 12 of 2021 on the file of the I Additional Special Judge for CBI Cases, Hyderabad.

6. Recording the above said undertaking of the petitioner and in terms of the order passed by this Court in W.P.No. 23651 of 2020, dated 13.07.2023, this Writ Petition is disposed of directing the respondent Nos.1 and 2 to take all steps to return all the original documents that were deposited by the petitioner in connection with the loan transactions in respect of loan Account No.0446655100001007 within a period of six (06) weeks from the date of receipt of a copy of this order. There shal