State Bank Of India v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1948 of 2015 ====================================================== State Bank Of India one of its Local Head Offices at Patna and one of its branches at Patratu, District - Ramgarh, Jharkhand through its Chief Manager of Patratu Branch.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Administrator General of Bihar, Patna Collectorate Campus, Patna.

2.

The Administrator General of Bihar, Patna Collectorate Campus, Patna. 3.

Nagina Devi widow of Late Sudeshwar Prasad Singh Resident of Village and PO Nasratpur, PS - Sandesh, District - Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr.Binod Bihari Sinha, Advocate For the Respondent/s :

Mr.Priyadarshi Matri Sharan, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2023 At the outset, the learned counsel for the petitioner seeks to correct the name of the deceased husband of the respondent no.3. Let the same be done during the course of the day.

Though the present writ petition has been filed for quashing the show-cause notice dated 22.12.2014, issued under the signature of Administrator General of Bihar, Patna, however, considering the fact that the respondent no.3 is admittedly the wife of the deceased namely, late Shri Sudeshwar Prasad Singh

Patna High Court CWJC No.1948 of 2015(2) dt.28-03-2023 2/3 and she is also a nominee in the pension payment order, annexed to the Interlocutory Application No. 8149 of 2015, filed in the present case by the respondent No. 3, the learned counsel for the petitioner submits that the amount standing in the name of late Sudeshwar Prasad Singh in his Savings Account No. 11449705205, at the State Bank of India, Patratu Thermal Station Branch, shall be definitely paid to his wife namely, Nagina Devi, however, it be clarified that the Administrator General of Bihar, Patna has no jurisdiction to deal with the assets, situated outside the State of Bihar, in view of the provisions contained in Section 29 (1) of the Administrators General Act, 1963.

Having regard to the facts and circumstances of the case, the notice dated 22.12.2014 stands annulled and it is held that the Administrator General of Bihar, Patna is possessed with the jurisdiction/authority to deal with assets of a deceased, situated only within the State of Bihar.

Accordingly, the present writ petition stands disposed off while also taking note of the contention of the learned counsel for the petitioner to the effect that the amount standing in the name of late Sudeshwar Prasad Singh, in his saving account, as aforesaid, shall be paid to the respondent no.3,

Patna High Court CWJC No.1948 of 2015(2) dt.28-03-2023 3/3 namely, Nagina Devi, forthwith, if not already paid. (Mohit Kumar Shah, J) kanchan/Saurav U