HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31435 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard learned counsel for the parties. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the respondent-Bank to release the amount in favour of the petitioner being the successor and having a succession certificate dated 31.3.2022. 3. Per contra, it is argued by Mr. Ashok Kumar Singh, learned counsel for respondent nos.3 and 4 that one Jyotika Sharma, wife of Ajay Sharma, neice of the deceased bank account holder was the nominee in the bank account and hence the account has been released in her favour. He submits that the certificate which has been placed as a succession certificate is not in fact a succession certificate, rather a declaratory form issued by the Tehsil Authorities for the liquidation of Rs.5,000/- regarding family details of a deceased person. He submits that in the event a person is nominated by a bank account holder, the bank is bound to release the amount in favour of the nominee and if any person is aggrieved and questions the nomination then the proper remedy is to file a Versus Counsel for Petitioner(s) : Kapil Tiwari Counsel for Respondent(s) : Ashok Kumar Singh, C.S.C. Vishal Chand Alias Vishal Chandch And Another .....Petitioner(s) State Of Up And 5 Others .....Respondent(s) civil suit. 4. Upon a pointed query being made, learned counsel for the petitioner admits that he has also instituted a succession suit before the court concerned. In the circumstance, we decline to grant indulgence in the matter. However, we leave it open for the petitioner to avail remedy and may also institute a suit for recovery against the person who has been paid money in the event, he obtains succession certificate. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) October 10, 2025 Shiv WRIC No. 31435 of 2025 2 Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad