Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.24462 of 2025 Biswajit Bastia & Ors. ..... Petitioners Represented by Adv. – Sweta Senapati -versus- General Manager, Indian Bank, BBSR & Ors. ..... Opposite Parties Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.07.2026 Order No. 01. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for the Petitioners. Perused the writ application as well as the documents annexed thereto. 3. The Petitioners have filed the present writ application with the following prayer: “In furtherance of the facts stated, position of law brought to light and judicial precedents cited it is most humbly prayed before this Hon’ble Court be gracious enough: A. Admit the present Writ Application. B. Direct the Opp. Party No. 1 & 2 to release the entire insurance claim amount in favour of the Petitioners, who are the rightful entitled to receive the said claim amount. C. Pass any other orders which this Hon’ble Court may Page 2 of 4. deem fit for justice, equity and good conscience.” 4. Learned counsel for the Petitioners, at the outset, contended that the Petitioner No.1 is the son, Petitioner No.2 is the husband, and Petitioner Nos.3 and 4 are the children of one Sabita Bastia. The abovenamed Sabita Bastia had an account at the Opposite Party No.1-Bank. Learned counsel for the Petitioner further contended that only the bank account, the deceased had contributed to the Pradhan Mantri Suraksha Bima Yojana, and Pradhan Mantri Jeevan Jyoti Bima Yojana. She has also contended that the abovenamed account holder, Mrs.Sabita Bastia, passed away on 07.01.2025, leaving behind his legal heirs, the present Petitioners. She further contended that in the meantime the legal heirs have already collected a legal heir certificate from the competent authority at Annexure-3 to the writ application. 5. The grievance of the Petitioners in the present application is that, although the deceased-account holder, namely late Sabita Bastia, is entitled to the benefit under the aforesaid two insurance schemes run by the Government of India through the banks, and the deceased, being a subscriber to such insurance scheme, is entitled to such money. Such insurance amount was payable after the death of the subscriber to the legal heirs of such subscriber. In the present case, the Petitioners, who are the legal heirs of the deceased, are entitled to the insurance money, which is due and admissible under the aforesaid two schemes. Since the Opposite Party-Bank has failed to disburse the aforesaid insurance money in favor of the present Petitioners, the Petitioners approached the bank earlier and due to the inaction of the Opposite Party-Bank, they were compelled to approach this Court by filing the present writ Page 3 of 4. application. Learned counsel for the Petitioners, in course of her argument, submitted before this Court that the bank passbook, which stands in the name of the deceased-account holder, reveals that the Petitioner No.1 is the nominee so far as the bank account is concerned. Therefore, there is no dispute with regard to the legal heirs of the deceased-account holder and the nominee who had already been nominated by the deceased before his death and, the same has been taken note of by the bank and reflected in the passbook. Being aggrieved by the inaction of the Opposite Party- Bank in disbursing the insurance amount, the Petitioners are compelled to approach this court by filing the writ application. 6. Upon careful analysis of the submissions made by learned counsel for the Petitioners and on a further examination of the background facts as well as documents attached to the present writ application, this Court is of he considered view that although the Petitioners had earlier approached the bank by filing a representation dated 07.07.2025 at Annexure 4, however, no decision has been taken on such representation. In such view of the matter, this Court is of the view that dispute involved in the present writ application can very well be resolved by the Opposite Party- Bank at their level before adjudicating the same in the present writ application. Accordingly, the present writ application is being disposed of by granting liberty to Petitioners to approach the Opposite Party-Bank again by filing a representation along with requisites documents in support of their claim within a period of three weeks. In such eventuality, the Opposite Party Nos.1 and 2 shall do well to take a decision on such representation of the Petitioners within a period of six weeks, keeping in view the Page 4 of 4. provisions of the insurance scheme, and dispose of the representation by passing a speaking and reasoned order. The final decision so taken be communicated to the Petitioners within 10 days thereafter. It is further made clear that in the event it is found that the Petitioners are entitled to the insurance claim and in absence of any other legal impediment, the Opposite Party Nos.1 and 2 shall do well to sanction and disburse such amount in favor of the Petitioners within a period of four weeks from the date of taking such decision. 7. With the aforesaid observation/ direction, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer