WPMS/321/2022
2022 Latest Caselaw 396 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
     ON THE 23RD DAY OF FEBRUARY, 2022
                              BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 321 of 2022


BETWEEN:
     Dr. Anil Kumar Mittal.                           ........Petitioner
     (By Mr. R.P. Singh, Advocate)


AND:
     Branch Manager, State Bank
     of India and others.                             ...Respondents
     (By Mr. Shobhit Joshi, Advocate, holding brief of Mr. Ashish Joshi, Advocate
     for respondent nos. 1, 2 & 3)


                               JUDGMENT

Heard learned counsel for the parties.

2. According to the petitioner, one of his brothers got certain amount transferred from the bank account of deceased father of the petitioner in Punjab National Bank to the saving bank account in State Bank of India, in which, both mother and father of the petitioner are account holders. This, according to the petitioner, is impermissible, as it was done surreptitiously, behind back of the petitioner.

3. By means of this writ petition, petitioner has sought the following reliefs:

"1) A writ order or direction in the nature of mandamus directing to the respondents for immediately seized the bank accounts No. 10660337755 and FDR etc State Bank Of India Branch CBRI, Roorkee and bank account No. 65001357399 and FDR etc State Bank Of India Branch Shiv Complex Roorkee and Account No.

10660434283 State Bank Of India Branch I.I.T., Roorkee and bank account 4044000100164581 branch Punjab Nation bank I.I.T. Roorkee.

2) A writ order or direction in the nature of mandamus directing to the respondents for call the relevant bank accounts detail and record."

4. The relief, as claimed in the writ petition, cannot be granted. Petitioner has raised a private dispute with his brothers, which cannot be decided in writ proceedings.

5. Accordingly, writ petition is dismissed. However, petitioner shall be at liberty to approach the Competent Authority in the concerned bank.

(MANOJ KUMAR TIWARI, J.) Navin