Rajnish Kumar, J. - (1.)The petitioner has approached this Court for writ of mandamus commanding to opposite parties no.1 to 3 to return back the relevant papers including the original sale deed in respect of plot of land measuring 1000 Sq. Feet Khasra No.87 situated at Iradat Nagar, Pargana, Tahsil and District Lucknow submitted to the opposite parties 2/3 by the petitioner in his capacity as guarantor of opposite party no.4 in lieu of cash credit facility for Rs. 3,00,000/- provided to the opposite party no.4 way back in the year 1997-98 after scrapping the name of the petitioner as guarantor of the opposite party no.4.
(2.)The facts in brief for adjudication of the present controversy as born out from the pleadings are that in the year 1997-98 the opposite party no.4 had taken a loan under the cash credit facility for Rs. 3,00,000/- from opposite parties no.1 to 3. The petitioner stood guarantor for the above loan. The petitioner while undertaking the guarantee in respect of Accounts No.C/C-16 'Saurabh Traders', proprietor Shri Ram Shanker Chaurasiya / opposite party no.4, had deposited the original sale deed in respect of his plot of land measuring 1000 Sq. Feet Khasra No.87 situated at Iradat Nagar, Pargana, Tahsil and District Lucknow. Apart from executing guarantee deed, promissory note and other relevant documents in favour of the opposite party no.2, the guarantee undertaken by the petitioner was for one year only and in accordance with rules of the bank, the guarantee is renewed every year.
(3.)The petitioner vide his letter dated 12.09.2005 requested the opposite party no.2/3 to return original sale deed deposited by him at the time of extending the cash credit facility to the opposite party no.4. Thereafter, the petitioner reiterated his request by means of letters dated 06.01.2006, 17.05.2006, 24.10.2006 and 18.09.2006. Since the request was not accepted, the petitioner sent a legal notice dated 29.10.2008 to the opposite party no.2/ The legal notice was replied by the opposite party no.2/3 through their counsel on 30.11.2008 indicating therein that the house of the petitioner was pledged in lieu of the loan under the cash credit facility extended to the opposite party no.4. After alleged withdrawal of guarantee by the petitioner a sum of Rs. 3,84,184/- has been deposited in the Account No.C/C-16 'Saurabh Traders. On account of delay on the part of opposite party no.2/3 in returning the documents to the petitioners, the petitioner has approached to this Court by means of the present writ petition.