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Patna High CourtCWJC/88/2015disposed

Ram Munti Devi And ANR v. The Punjab National Bank And ORS

2015-05-06Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.88 of 2015 ======================================================

1. Ram Munti Devi wife of Shri Harihar Prasad

2. Harihar Prasad Son of Late Ayodhya Prasad Both residents of Mohalla Naya Bazar, Ward No- 6 Police Station - Buxar, District - Buxar. .... .... Petitioner/s

Versus

1. The Punjab National Bank through its General Manager, New Delhi.

2. The General Manager, Punjab National Bank HRD Division, Bhikaiji Cama Place, New Delhi.

3. The Chief Manager, Punjab National Bank, HRD Division, Bhikaiji Cama Place, New Delhi.

4. The Zonal Manager, Punjab National Bank. Patna (Bihar).

5. The Regional Manager, Punjab National Bank HRD Division, Circle Ara, Bhojpur at Ara (Bihar).

6. The Manager, Punjab National Bank Kukurha Branch, Buxar, Bihar.

7. Renu Kumari alias Renu Devi Wife of Late Ved Prakash Resident of Village - Nayi Bazar, Ward no- 3, Buxar, Police Station - Nasriganj, District - Rohtas at Sasaram.

8. Court of the Administrator General of Bihar, Patna Collectorate Campus, Patna.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. K.N. Choubey, Advocate Mr. Ambuj Nayan Chaubey, Advocate For the Respondent-Bank: Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-05-2015 Heard the parties.

The two petitioners who are the parents of deceased Ved Prakash an employee with the respondent bank, seek to question an order passed by the Administrator General of Bihar in L.A. Case No. 165 of 2013 whereby in exercise of powers vested under Section 29 of the Administrator General Act, 1963 as amended by the Administrator General Act, 2012, the Administrator General, Bihar has directed that the amounts alongwith interest standing in

Patna High Court CWJC No.88 of 2015 (3) dt.06-05-2015 the name of late Ved Prakash lying in the two savings bank account maintained with the respondent Punjab National Bank, Branch-Buxar be distributed in equal half between the mother and the widow of the deceased.

The parents being aggrieved are before this Court and the grievance is that under succession certificate granted vide Succession Case No. 20 of 2013, the father Harihar Prasad has been authorized to receive the amount.

I have heard learned counsel for the parties and I have perused the records.

A succession certificate granted under the Indian Succession Act, 1927 or under the provision of the Administrator General Act, 1963 are in the nature of authorization to the custody of a property of the deceased and nothing further. It does not in any manner adjudicate on the right, title or interest of the nominee to such property.

Considering the distribution made by Administrator General of Bihar to the amount present in the account of the deceased who happens to be the son of the petitioners and the husband of the widow, respondent no. 7, in my opinion, the same requires no interference and the writ petition is disposed of accordingly.

(Jyoti Saran, J) S.Sb/- U