IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.43810 OF 2011 (GM-RES) BETWEEN:
A.V. LAKSHMINARAYANA S/O LATE VENKATASUBBAIAH AGED ABOUT 62 YEARS EARLIER WORKING AS AN OFFICER IN MIDDLE MANAGEMENT GRADE SCALE III AT CANARA BANK NOW R/AT.NO.173, HSR LAYOUT, 5TH SECTOR, 12TH MAIN BANGALORE 560 034.
(BY MR. K. PUTTEGOWDA, ADV.) AND:
CANARA BANK A BODY CONSTITUTED UNDER THE BANKING COMPANIES’ (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970 HAVING ITS HEAD OFFICE AT NO.112, J C ROAD BANGALORE 560 002, REP BY ITS GENERAL MANAGER HOUSING FIANNCE.
… PETITIONER (BY MR. T.P. MUTTANNA, ADV.,) - - -
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT / BANK TO FORTHWITH RETURN TO THE PETITIONER ORIGINAL TITLE DEEDS DEPOSITED BY HIM PURSUANT TO GRANT OF HOUSING LOAN IN HOUSING LOAN ACCOUNT NO.2736667017115 IN THE LIGHT OF THE PETITIONR CLEARING THE ENTIRE LOAN AND THE RESPONDENT / BANK CLOSING THE SAID LOAN ACCOUNT ITSELF & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner is seeking for a writ of mandamus directing the respondent/Bank to forthwith return to the petitioner original title deeds deposited by him pursuant to grant of housing loan in housing loan account No.27366670177115 in the light of the petitioner clearing the entire loan and the respondent/Bank closing the said loan account itself.
2. When the matter was taken up today, learned counsel for the petitioner submitted that the he be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority within a period of six weeks from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS