The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the Respondent Nos- 1 and 2 in not releasing the linked documents which are mortgaged in the bank relating to the immovable property admeasuring 0.63 Cents of site in RS No. 690/2, Situated at Old Guntur Area, Guntur [t/unicipal Area, Guntur District, within the limits of Guntur SRO, even after issuance of sale certificate bearing Ref No. lDBl/RR- Hyd/SOL-0O2iSARFAESl/530 dated 01 .10.2024, on the ground that investigation is pending vide FIR No RC.06(4)/20i8lcBt/HyD dated 2'.?.03.20.1s is iilegat, arbitraty and violative of principles of natural justice and r onsequenfly direct Respondent Nos. 1 and 2 to release the linked documents wh:h are mortagaged in the bank relating to the above-mentioned immovable prop€ r y. IA O:1 OF 2024 Petition under Section 151 cpc praying that in the c r lumstances stated in the affidavit filed in support of the petition, the High courl nay be pleased to direct Respondent Nos.1 and 2 to release the linked do : rments which are mortgaged in the bank rerating to the immovabre property admeasuring 0.63 cents of site in RS No. 690/2, situated at old Guntur Areir Guntur f\rlunicipar Area, Guntur District, within the rimits of Guntur SRo penc i rg disposar of the above writ petition. Counsel for the Petitioner: SRI MUKKERA SAHITHt SRt KAVI A counsel for the Respondents No 1 & 2: pARDHA SARADHT l( \TAMANENI counsel for the Respondent No 3: SRI T SRUJAN KUMAR RE )Dy, spEcrAL PUBLIC PROSECUTOR The Court made the following: ORDER t i I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.33829 OF 2o24 ORDER The challenge in the present Writ petition is to the inaction of the respondents No. I & 2 in releasing the link documents, mortgaged in the bank relating Lo the immovable property admeasuring 0.63 cenrs of site in RS.No.690/2 situated at Old Guntur Area, Guntur Municipal Area, Guntur District, within the Iimits of Guntur SRO, even aftcr issuance of Sale Certificate bearing Re. No. IDBI / RR-Hyct / SOL-OO2 / SARFAESI / S30, dL.O1 .1O.2024 on the ground of pending investigation uide FIR. No.RC.06(A) /20 1 8/CBI /HyD, dt 22.o3 20 t8.

2. Heard lcarned counsel for the pctitioner, and Sri T.Srujan Kumar Reddy, learned Special public prosecutor appearing for respondent No.3.

3. When the matter is taken up for heanng, learned counsel for the petitioner submits that in similar circumstances this Court passed order, dt.03.07 .2023 in W.p.No.23651 of 2020, directing the responden[s-Banl< to rcturn al] the original documents deposited by the petitioner lherein in connection with the loan transaction and the petitioner therein was also directed to fi1e an affidavit undertal<ing [o produce the documcnts that wou]d be returned by the f"a rcspondcnt as and u,hen required. He lurther 2 submits that since, tl-re petitioner stands on th: samc footiag, seeks for gran t of similar relicf. 4 . Counter affidavit is filcd by respondent No.3 s tating that the documents as sought for by the petitioner are rel r d upor.r in the charge sheet tiled ir-r the above crime and as s uch, the said documents are crucial for prosecuting the accused/c I accused,

5. Learned Counsel for the petitioner submits th Lt il thc linked documents mortgaged with the 2"d respondent_Bar I in rclation to the above mentioned properly ar.- requircd for ILe purpose of investigation in the aforementioned FIR or for il e purpose of marking during the course ol trial, the petitione - is reac11, and willing to produce the said documents, as and u,ht n required by the 2"d respondent-

6. Since, the pctiLioner was already issued ,"vith S ale Ccrtilicatc by respondent Nos.1 & 2 in respect of the mortga: :d immovable property admeasuring O.63 cents of site in RS.No.69 _ / 2 situated at Old Guntur Area, Guntur Municipal Area, Guntur [) strict, and as the learned counsel for the petilioner submits thar ,he petitioner would producc the subject documents as and when ;.t quired by the respondents-Bank, and for reasons alike as werc rtated in the aforesaid Writ Pe tition, uide W.p.No.23651 of 2O2O. j

03.O7.2023. the Writ Petilion is disposed of direcling Lhe r-e sponc t 2 to take all steps to return the link documents in lr \ atorementroned property within a period of six (06) v, I nt Nos 1 and lation to the eks lrom the \" 3 date of receipt of a copy of this order' Further' the petrtloner IS directed to file an aflidavit in this Writ Petition undertaking to produce the documcnts that would be rcturned by respondent Nos.l & 2 pursuant to the direction of this Court before re'spondent No.3 as and when required' within a period of two (02) weeks lrom the date of receipt of a copy of this order' No order as to costs. ConsequentlY, miscellancous applications, pending if any' shall stand closed. SD/ KARJUN A RAO . MALLI SISTAN- //TRUE COPY' SECTION OFFICER To, mplex, Cuffe Parade, Mumb ai, ReP. bY its Regional Manager' Hyderabad Rep. bY its B ranch Head and DGM

1. IDB I Bank, Regiona I Office, at lDBl Tower' WTC 2 lDBl Bank, Basheerbag h Branch at fvlahavir House Basheerbagh Square' 3. The SuPerintendent of Police' CBI/ACB Police Station' Hyderabad 4. One CC to SRI MUKKERA SAHITHI SRI KAVYA' Advocate IOPUCI 5. One CC to SRI PARDHA SARA DHI KATAMANENI, Advocate [OPUCI 6. Two CCstoSRl T SRUJAN KUMA R REDDY, S PECIAL PUBLIC PROSE CUTOR, H igh Court for the State of Tela ngana at HYdera bad. [OUT]

7. Two CD CoPies DAN GJP HIGH COURT I 1 DATED:0911012025 ORDER WP.No.33829 of 2024 1 c- o (i o4 ,. -.i \. c^-. \-: .\ .,'.i ,ii '! ,.-LJ il2t i,i (' . rr_!t( - -'=-'-:t- DISPOSING OF THE WRIT PETITION WITHOUT COSTS v