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Patna High Court

Rajeev RanjanversusThe Punjab National Bank

Decided
Disposal
DISPOSED

Holding

The court directed the bank to return the original gift deed to the petitioner upon his appearance before the branch manager, thereby granting the writ of mandamus.

Summary

The petitioner filed a writ petition seeking a mandamus directing Punjab National Bank to return the Original Gift Deed No. 1699, which was deposited as mortgage security in 2001. He also claimed compensation under RBI Circular No. RBI/2023-24/60 for the bank’s alleged delay in returning the deed. The bank produced a letter dated 28.01.2026 inviting the petitioner to collect the deed, but the petitioner’s subsequent attempts were refused. The court, without delving into merits, disposed of the petition by consent, directing the petitioner to appear before the Branch Manager on 11 May 2026 to receive the deed upon acknowledgment. The order effectively granted the relief sought, ordering the bank to hand over the original deed.

Issues considered

  • Whether the bank is obligated to produce and return the original gift deed deposited as mortgage security upon the petitioner’s request.
  • Whether the petitioner is entitled to compensation under RBI Circular No. RBI/2023-24/60 for the alleged delay in returning the deed.

Subjects

  • writ of mandamus
  • mortgage security
  • original deed
  • bank
  • compensation
  • RBI circular
  • property rights
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6076 of 2026
                 ======================================================
                 Rajeev Ranjan s/o Late Ishwar Chandra Sinha, Resident of Village- Bisunpur
                 Saraiya, P.S.- Deoria, Muzaffarpur, presently residing at Khabra Road, Near
                 Pani Tanki, P.S.- Kazi Mohammadpur, Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The Punjab National Bank through its Chairman and Managing Director,
                 Head Office at Plot No. 4, Sector-10, Dwarka, New Delhi- 110075.
           2.    The Zonal Manager, Zonal Office, Punjab National Bank, Patna, Bihar.
           3.    The Divisional Manager, Divisional Office, Punajb National Bank,
                 Muzaffarpur, Bihar.
           4.    The Branch Manager, Punjab National Bank, Paroo Bran, Muzaffarpur,
                 Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Vatsal Verma
                 For the Respondent/s   :      Mr.Suryakant Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   27-04-2026                 Heard learned counsel for the parties.

                               2 The present writ petition has been filed seeking the

                   following reliefs:

                                   “… … … for issuance of a writ in the
                         nature of mandamus or any other appropriate writ,
                         order, direction commanding the respondent
                         authorities to forthwith produce and return the
                         Original Gift Deed No 1699 dated 13.02.2001 to the
                         petitioner which was deposited with the respondent
                         Bank as mortgage security in the year 2001 with the
                         then respondent No 4 for which loan bearing Loan
                         Account No 290700NC00000010 was issued to the
                         petitioner over the land situated at Khata No 206,
                         RS Plot No 11, Thana No 291 situated at Mauza –
                         Bishunpur Saraiya under Deoria PS, Block –
                         Paroo, Muzaffarpur. The petitioner further prays
                         for a direction to issue a writ of mandamus
                         directing the respondent authorities to pay
Patna High Court CWJC No.6076 of 2026(2) dt.27-04-2026
                                            2/3




                compensation to the petitioner in accordance with
                the RBI Circular No RBI/2023-24/60 dated
                13.09.2023 at the rate of Rs 5,000/- per day from the
                date of expiry of 30 days after closure of loan
                account i e from 29.09.2018 till the date of actual
                return of the Original Gift Deed No 1699 dated
                13.02.2001 to the petitioner. The petitioner even
                prays for issuance of appropriate direction directing
                the respondents authorities to pay additional
                compensation/damages for mental harassment,
                financial loss and deprivation of property rights to
                the petitioner caused due to illegal withholding of
                the Original Gift Deed of the petitioner as over the
                years the petitioner has suffered gravely for no fault
                of his own and accordingly this Hon’ble Court may
                pass any such other order (s) as may deem fit and
                proper in the facts and circumstances of the present
                case.”

                      3 Without going into the merits or demerits of the

          case, the present writ petition is being disposed of at the stage of

          admission itself with the consent of both the counsel.

                      4 Learned counsel appearing on behalf of the

          respondent-Punjab National Bank has drawn the attention of the

          Court towards Annexure P/8 which is a letter dated 28.01.2026

          issued to the petitioner requesting him to come and obtain the

          Original Gift Deed No 1699 dated 13.02.2001. Thereafter, the

          petitioner has approached the Branch on 30.01.2026 and

          subsequent dates also but the authorities have refused to give the

          Original Gift Deed No 1699 dated 13.02.2001.

                      5 Learned counsel appearing on behalf of the

          respondent-Bank, on instructions, submits that the Bank is ready
           Patna High Court CWJC No.6076 of 2026(2) dt.27-04-2026
                                                       3/3




                     to hand over the original document to the petitioner in case the

                     petitioner approaches the Bank Manager, Punjab National Bank,

                     Paroo Branch, Muzaffarpur.

                                 6 Having regard to the averments, the present writ

                     petition is disposed of directing the petitioner to be present

                     before respondent No 4, i e, the Branch Manager, Punjab

                     National Bank, Paroo Branch, Muzaffarpur on 11.05.2026 at

                     10.30 am and the Branch Manager shall hand over the Original

                     Gift Deed No 1699 dated 13.02.2001 after taking due

                     acknowledgment from the petitioner.

                                 7 With the aforesaid direction, the present writ

                     petition is disposed of.


                                             (A. Abhishek Reddy , J)
M.E.H./-

U


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