SRI. I. G. CHANDRASHEKAR v. THE SUPERINTENDENT OF POSTS
WP/18567/2023 · 2025-11-20
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79190 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79190 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:48159 WP No. 18567 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 18567 OF 2023 (GM-RES) BETWEEN:
1.
SRI. I. G. CHANDRASHEKAR S/O LATE I P RAJASHEKAR AGED ABOUT 75 YEARS, R/AT NO. 300, 100 FEET OUTER RING ROAD, BANASHANAKRI 3RD STAGE, 4TH PHASE, 7TH BLOCK BENGALURU - 560 085 …PETITIONER (BY SMT. VARSHA HITTINAHALLI, ADVOCATE) AND:
1.
THE SUPERINTENDENT OF POSTS BENGALURU SOUTH DIVISION, BENGALURU - 560 041
2.
POST MASTER GRADE III JAYANAGAR 3RD BLOCK P O BENGALURU - 560 011
3.
SUB POST MASTER JAYANGAR 3RD BLOCK P O BENGALURU 560 011 …RESPONDENTS (BY SRI. CHANDRASHEKAR L., CGC)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE
Digitally signed by ARUNKUMAR M S Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:48159 WP No. 18567 of 2023
IMPUGNED LETTER DATED 11.10.2021 ISSUED BY THE R2 IN RESPECT OF THE PETITIONERS PPF ACCOUNT BEARING NO.4547, RENUMBERED AS 00805294053 PRODUCED AS ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is assailing the letter dated 11.10.2021 issued by respondent No.2 in respect of the PPF Account of the petitioner (Annexure-A).
2. The relevant facts for adjudication of this writ petition are that, the petitioner being a retired Government Official has opened Public Provident Fund (PPF Account bearing No.4547) in the office of the respondent No.2 in the name of Hindu Undivided Family (HUF)(Annexure-B). Thereafter, new account number was assigned to the petitioner as No.0805294053. The deposit
- 3 -
HC-KAR NC: 2025:KHC:48159 WP No. 18567 of 2023
under the PPF account made by the petitioner matured during 2011 and thereafter, same was renewed by the respondent No.2 for a further period of 5 years from the year 2011 till the year 2016. It is also forthcoming from the Writ Petition that the PPF account was again renewed from the year 2016 till the year 2021 and further renewed upto the year 2026. In this regard, the petitioner has produced the PPF Account Passbook as per Annexure-C. Thereafter, the petitioner has addressed letter to the respondent-Post Office to close the PPF Account as the petitioner was in need of funds for family necessities, as per Annexure-D to the petition. In reply to the claim made by the petitioner, the respondents have issued the endorsement by referring the Notification dated 13.12.2010 (Annexure-F) that the petitioner is not entitled for the interest in respect of the renewal period as the said renewal is contrary to the Notification dated 13.12.2010. Hence, the respondents have issued the letter dated
- 4 -
HC-KAR NC: 2025:KHC:48159 WP No. 18567 of 2023
11.10.2021 (Annexure-A). Feeling aggrieved by the same, the petitioner has presented this petition.
3. I have heard Smt. Varsha Hittinahalli, learned counsel appearing for the petitioner and Sri Chandrasekhar L, learned Central Government Counsel appearing for respondents.
4. It is contented by Smt. Varsha Hittinahalli,
learned counsel appearing for the petitioner that the respondent No.2 has renewed the PPF account of the petitioner without informing the petitioner as to the Notification dated 13.12.2010 in respect of the opening of the account by the petitioner in the name of HUF and therefore, the respondents are estopped from issuing the impugned letter at Annexure-A to the petition.
5. Per contra, Sri Chandrasekhar.L., learned Central Government Counsel appearing for respondents sought to justify the action of the respondent No.2 as the Notification dated 13.12.2010 (Annexure-F), provides for
- 5 -
HC-KAR NC: 2025:KHC:48159 WP No. 18567 of 2023
the distinction of the opening of the account in the individual name as well as the HUF and therefore, sought to justify the impugned letter at Annexure-A.
6. In the light of the submission made by the
learned counsel appearing for the parties, it is not in dispute that the petitioner herein has opened an account during 1996 and same was renewed upto 2021, for a further period of 5 consecutive years. In this regard, though the opening of the account is in the name of HUF, however, the same was renewed by the respondent No. 2 without informing the petitioner as to the earlier Notification dated 13.12.2010 (Annexure-F), continued the deposit till 2021.
7. In that view of the matter, taking into
consideration the declaration of law made by this Court in W.P.No.2042/2023 dated 31.03.2023 (Annexure- K2) and also the judgment of the Hon'ble Supreme Court in the case of Bhagwati Vanaspati Traders v. Senior
- 6 -
HC-KAR NC: 2025:KHC:48159 WP No. 18567 of 2023
Superintendent of Post Offices reported in (2015) 1 SCC 617, I am of the view that the letter at Annexure-A requires to be interfered with in this writ petition.
8. In the result, I pass the following:
ORDER (i) Writ petition is allowed. (ii) The letter dated 11.10.2021 (Annexure-A) issued by respondent No. 2 is hereby set aside. (iii) Respondent No.2 is directed to release the deposited amount as well as pay the bank interest prevailing as on the accrued amount in respect of the account of the petitioner from 31.03.2011 till 02.09.2021, as, in terms of the
order passed by this Court referred to as W.P. No.2042/2023. Sd/- (E.S.INDIRESH) JUDGE
PSJ List No.: 1 Sl No.: 46