Gudipudi Ranga Rao v. The Manager, Asset Recovery Management Branch, Karnataka Bank Limited & Ors.

THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18806 OF 2011 ORDER : The 3rd respondent - M/s. Tirumala Srinivasa Granites - availed a loan from the 2nd respondent – Karnataka Bank Limited, Khammam Branch. The petitioner herein stood as guarantor by depositing the title deeds of his property. Subsequently, the loan account was cleared under One Time Settlement (OTS) Scheme. It is alleged that the respondents 1 and 2, without giving any information to the petitioner, had illegally handed over the title deeds to the 3rd respondent – Principal borrower and even the possession of the properties was given to him. Contending that though the petitioner approached the respondents 1 and 2, the possession of the petitioner’s property has not been handed over to him, the present writ petition is filed seeking a declaration that the action of the respondents 1 and 2 in not releasing the documents of the petitioner’s property is arbitrary and illegal. I have heard the learned counsel for the petitioner and perused the material available on record. Apparently the relief sought is nothing but enforcement of terms and conditions of a contract between the parties. There is no allegation of breach of any statutory provision and the matter does not involve enforcement of any statutory right. Therefore, even assuming that there is any default on the part of the respondents 1 and 2 in releasing the title deeds, it is for the petitioner to work out the appropriate common law remedy before the proper forum and it is not open to him to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Writ Petition is accordingly dismissed leaving it open to the petitioner to institute fresh proceedings before the appropriate forum. No costs. Dt. 07.07.2011 Ivd ______________ G. ROHINI, J.