V.Veerabrahmam, v. State Bank Of India,

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.12828 OF 2015 ORDER:

The petitioners pray for Mandamus declaring the action of respondents in not delivering the vacant physical possession of Flat No.G-1, ground floor, Seven Hills Residency, Venkateswara Colony, Bibi Saheb Maqta Village, Peeerzadiguda Gram Panchayath, Ghatkesar Mandal, Ranga Reddy District and the original documents including title deeds to the petitioner under the cover of panchanama, despite total payment made by the petitioner towards the housing loan account No.100734542581/S-871, as illegal and arbitrary and prays for direction to respondents to deliver vacant physical possession, original documents/ title deeds to petitioner.

The grievance of the petitioner is that in spite of paying Rs.8,86,638/- as against Rs.8,32,931.40ps, the respondents are not delivering vacant physical possession, documents/title deeds of subject flat or issuing clearance certificate, which is illegal. Heard learned counsel for the petitioner and the standing counsel for respondents. In view of the facts and circumstances of the case and having regard to the limited grievance the petitioner has, the writ petition is ordered by giving liberty to the petitioner to make a representation to 2nd respondent by enclosing the payments made in Housing Loan Account No. 100734542581/S-871 to the 2nd respondent.

The 2nd respondent, on receipt of such representation, examines the subject loan account and if the outstanding is cleared, the 2nd respondent passes comprehensive order returning the documents/title deeds/ clearance certificate as well as delivery of vacant possession of Flat No.G.1, ground floor, Seven Hills Residency, Venkateswara Colony, Bibi Saheb Maqta Village, Peeerzadiguda Gram Panchayath, Ghatkesar Mandal, Ranga Reddy District to the petitioner within three weeks from the date of receipt of representation. Miscellaneous petitions pending, if any, shall stand closed. _____________ S.V.

Date: 01.05.2015 Stp