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Neutral Citation No. - 2025:AHC:50344-DB Court No. - 29 Case :- WRIT - C No. - 10118 of 2025 Petitioner :- Sonu Kumar And Another Respondent :- Union Of India 2 Others Counsel for Petitioner :- Samsad Ahmed Khan,Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,Satish Chaturvedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Shri Pankaj Srivastava, learned counsel for the respondent- Bank. Petitioners are real brother and sister. Second petitioner is the sister of petitioner no.1, who is allegedly not normal and is suffering from some mental incapacity. The Bank for such reason has not allowed the petitioners to withdraw any amount from the joint bank account opened in the name of the petitioners. Thus aggrieved the petitioners are before this Court.
Learned counsel for the Bank has placed before the Court instructions according to which the fact with regard to mental incapacity of second petitioner was withheld from the bank authorities and as soon as the bank came to know of it they have insisted upon the petitioners to obtain appropriate orders appointing the first petitioner as guardian of the second petitioner. Nature of grievance raised would require the competent authority to examine mental status of the second petitioner and to consider the question of appointment of a guardian on her behalf. The competent authority in this regard is District Magistrate under Section 14(1) of the Disabilities Act. In such view of the matter, we refuse to interfere in the present writ petition or to issue any direction to the Bank to allow the petitioners to withdraw the amount. Liberty however, stands reserved to the petitioner No.1 to approach the District Magistrate under Section 14(1) of the Disabilities Act and it goes without saying that the District Magistrate would take appropriate steps as may be warranted in law in respect of such grievance raised. Accordingly, the present writ petition is disposed of.
Order Date :- 8.4.2025/A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad