Citation : 2025 Latest Caselaw 10464 Kant
Judgement Date : 20 November, 2025
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NC: 2025:KHC:48159
WP No. 18567 of 2023
HC-KAR
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,
Digitally
signed by BENGALURU - 560 041
ARUNKUMAR
MS
Location: 2. POST MASTER GRADE III
HIGH COURT
OF JAYANAGAR 3RD BLOCK P O
KARNATAKA
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
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NC: 2025:KHC:48159
WP No. 18567 of 2023
HC-KAR
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
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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
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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
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HC-KAR
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
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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
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