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2025 DAILYLAW 6575 (JHR)

ASHALATA v. THE U.O.I. THR THE PR. DIRECTOR OF COMMERCIAL AUDIT AND EX-OFFICIO MEMBER, AUDIT BOARD-II, KOLKATA

WPC/1890/2025 · 2025-07-07

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:18161 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1890 of 2025 ------ Ashalata, wife of Late Sarju Prasad, resident of Asha Kunj, D-70, beside Balram Children’s Hospital, Harmu Housing Colony, P.O. Harmu, P.S. Doranda, District Ranchi .... .... …. Petitioner Versus 1. The Union of India through the Principal Director of Commercial Audit and Ex-Officio Member, Audit Board- II, Kolkata, Indian Audit and Accounts Department, having its Branch office at CCL, Darbhanga House, Ranchi, P.O. NCDC, P.S. Sadar, District Ranchi 2. The Deputy Director of Audit (Coal), Ranchi Indian Audit and Accounts Department, having its Branch office at CCL, Darbhanga House, Ranchi, P.O. NCDC, P.S. Sadar, District Ranchi 3. The Accountant General (A&E), Jharkhand having its office at Doranda, P.O. & P.S. Doranda, District Ranchi 4. The Branch Manager, State Bank of India, Branch Doranda, P.O. & P.S. Doranda, District Ranchi 5. The Senior Audit Office (Administration) Indian Audit and Accounts Department, having its Branch office at CCL, Darbhanga House, Ranchi, P.O. NCDC, P.S. Sadar, District Ranchi .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Deepak Kumar Dubey, Advocate Ms. Rakhi Sharma, Advocate Ms. Nidhi Mishra, Advocate For the Res. No.1 : Mr. Anil Kumar, ASGI Ms. Nitu Sharma, CGC For the Res. No.3 : Dr. (Mrs.) Vandana Singh, Advocate Ms. Aliza, Advocate Ms. Khushboo, Advocate For the Res. No.4 : Mr. P.A.S. Pati, Advocate Mr. Akshay Kumar, Advocate . ------ Order No.05 / Dated : 07.07.2025 Petitioner is 86 years lady, who is before this Court for a writ in the nature of mandamus upon the respondent no.4, for release of the deposited amount in the Bank Account of her son, Late Lalan Prasad. 2. It is submitted by learned counsel on behalf of petitioner that Lalan Prasad died bachelor and the petitioner is sole surviving Class I heir in the service book (Annexure 11). Petitioner was nominee of the deceased Lalan Prasad. It is further submitted that Annexure 5 is the letter to the Pay and 2025:JHHC:18161 Account Officer, Central Pension Accounting Office, Government of India dated 01.12.2023 for disbursement of the family pension to the petitioner after death of Lalan Prasad. Despite these incontrovertible documents, the deposit amount in the name of Lalan Prasad, has not been released in favour of the petitioner. 3. Counter affidavit has been filed on behalf of Accountant General whereby and whereunder factual assertions on behalf of the petitioner have not been disputed. 4. Learned counsel on behalf of Bank of India-respondent no.4 submits that once a duly filled-up form for release of the amount is filed, the same will be processed and will be released. 5. Having considered the submissions advanced on behalf of the petitioner, it is apparent that there is no rival claimant to the amount deposited in the account of Late Lalan Prasad. It is also not in dispute that the petitioner, an old lady, in the present case, is the mother and Class I heir of her son under Hindu Succession Act. 6. Under the circumstance, the petitioner cannot be driven to the Civil Court to obtain a succession certificate for getting the amount released in her favour. The petitioner is directed to submit duly filled-up form for release of the amount which will be disbursed by the Bank within two weeks without any further insistence for succession certificate. Writ Petition accordingly, stands disposed of. Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit