Patna High Court
Ram Pravesh Prasad Verma vs The Union Of India And Ors on 12 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13232 of 2017
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Ram Pravesh Prasad Verma S/o Late Ram Sevak Prasad, Resident of
Mohalla- Jansakti Colony, P.O. Rajiv Nagar, Road No. 24, District- Patna.
... ... Petitioner/s
Versus
1. The Union Of India
2. The Director, Postal Department, Govt. of India, New Delhi.
3. The Post Master, Post Officer Makhdumpur, Dighaghat, District- Patna.
4. Sri Janardan Prasad S/o Late Ram Sevak Prasad, Resident of Village-
Jansakti Colony, P.S.- Rajeev Nagar, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sadanand Paswan, Adv.
For the Respondent/s : Mr. S.D Sanjay Addl. Soc. Gen.
Mr. Akshay Bahadur Mathur, CGC
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 12-05-2025
1. The Writ petition is filed for the following
reliefs:-
(i)To restrain the respondents
and to allow respondent No. 4,
brother of the petitioner to withdraw
the amounts from the account of Late
Ram Sevak Prasad.
(ii) To direct the respondents
to call for Succession Certificate from
the petitioner as well as from
respondent in order to withdraw the
Patna High Court CWJC No.13232 of 2017 dt.12-05-2025
amount from the bank account of late
Ram Sevak Prasad noted in the
succession certificate to allow the
successor of Late Ram Sevak Prasad
to withdraw the amount from the
Bank account in accordance with law.
(iii) To restrain the bank
authorities from allowing to withdraw
any amount from the account of Late
Ram Sevak Prasad. till furnishing the
Succession Certificate of the
competent authority by the heir of
Late Ram Sevak Prasad.
2. The brief facts of the case culled out from
the Writ petition are that the petitioner and the
respondent No. 4 are sons of one Ram Sevak Prasad.
Late Ram Sevak Prasad died living behind his two
sons, the petitioner and the respondent No. 4 and
one daughter. However, her daughter passed away
one year prior to the filing of the Writ petition.
3. The petitioner was in Indian Air Force, till
August 1999, and later retired from service. In the
year 1978, Chandrakala Devi grand mother of the
petitioner passed away and at that time, the
Patna High Court CWJC No.13232 of 2017 dt.12-05-2025
petitioner gave an amount Rs. 1800/- towards her
Saradh (funeral rites).
4. In the year, 1978, the respondent No. 4,
Janardan Prasad/ younger brother of the petitioner
was studying in a secondary school and the
petitioner used to send money for his education
purpose. Further in the year, 1991 the petitioner
continued to provide financial support for his
brother's education. In the year, 1996 he gave an
amount of Rs. 8000/- for the marriage of his younger
sister. In 1994, the grandfather of the petitioner
passed away for which he gave an amount of Rs.
2000/- towards the Saradh (funeral rites). Further,
the petitioner regularly provided amounts to his
family members for the purchase of household
articles. After retirement from service, the petitioner
handed over all his house hold articles such as T.V.
cooler, etc. to his father and began to reside with
him.
5. Heard the Learned counsel for the
petitioner as well as the Learned Senior counsel
Shree Ajay Kumar Sinha for the respondents.
Patna High Court CWJC No.13232 of 2017 dt.12-05-2025
6. On perusal of the contents of Writ
petition, it is evident that the amounts were
advanced by the petitioner for family purposes,
which includes for the purchase of a house at Rajiv
Nagar, Patna and for the medical expenses incurred
for his mother. Further, the contents of the Writ
petition disclose that the father of the petitioner died
leaving amounts in his savings account, for which his
brother/ respondent No. 4 attempted to withdraw
without obtaining a Succession Certificate. Being
aggrieved by the acts of the 4 th respondent, the
present Writ petition has been filed.
7. These are all questions of facts.
Admittedly there is no impugned order in this case
regarding the disbursal of the amounts to respondent
No. 4. However, the bank authorities are required to
follow the due procedure of law. If at all, Late Ram
Sevak Prasad nominated any person as his nominee,
the bank has to hand over the amounts to the
nominee. In the absence of a nominee, the bank has
to look for Succession Certificate before disbursing
the amount.
Patna High Court CWJC No.13232 of 2017 dt.12-05-2025
8. Therefore, all these questions of facts are
to be decided by the appropriate civil forum. If at all,
the petitioner has any grievances, he is at liberty to
approach the Civil Court for redressing his
grievances. There is no violation of a fundamental
right, nor is there a breach of principles of natural
justice in this case. Therefore, this Court is not
inclined to interfere in the matter, as it does not fall
within the purview of Article 226 of the Constitution
of India.
9. In result the Writ petition is dismissed as it
is devoid of merits.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16.05.2025
Transmission Date 16.05.2025
