Mala Goshwami v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9816 of 2023 ====================================================== Mala Goshwami, wife of late Sohan Goshwani, resident of Mainpur, behind BOI, Danapur Kantt. P.S.-Danapur, District-Patna ... ... Petitioner/s

Versus

1. The Union of India, through Ministry of Defence, J674+6W6 Kartvaya Path, E Block, Central Secretariat, New Delhi 110011

2. The Secretary, AGI Fund (Army Group Insurance), AGI Bhawan, Rao Tula Marg, P.B. No.14, P.O. Vasant Vihar, New Delhi.

3. The Regional Manager, Punjab National Bank, Frazer Road, Patna.

4. The Branch Manager, Punjab National Bank, Danapur, Branch, Patna.

5. The Branch Manager, Bank of India, Saguna More, Danapur, Patna.

6. Mohan Goshwami son of late Mahatma Nath Goshwami, resident of Mainpur, Khushwaha Panchayat, P.S. Danapur, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the UOI :

Mr. Amish Kumar, Advocate For Punjab National Bank:

Mr. Shyam Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-07-2024 Delay, which has occurred in removing the defects by the petitioner, is condoned.

2. The present writ petition has been filed seeking the following reliefs:- "(i) For disposal of representation dated 05.10.2020 and 18.03.2021 by respondent authorities whereby and whereunder petitioner requested the respondent authorities to withheld the money of the

Patna High Court CWJC No.9816 of 2023(2) dt.30-07-2024 2/3 father in- law as well as mother-in-law of the petitioner pending in account of respondent Bank, whereas after death of petitioner's husband the death benefits of petitioner's husband get transferred into the account of father in-law and mother in-law of the petitioner and the petitioner on this score having entitlement on the amount lying in the Bank account of deceased persons apart from that respondent no. 6 is not the sole claimant on the deceased amount.

ii) For issuance of writ in the nature of mandamus directing the respondent Bank to provide the balance death benefit of petitioner's husband lying into the account of deceased and out of the balance amount after deducting the death benefit provide the 50% share to the petitioner in the amount lying with the respondent Bank in the account of father in-law as well as mother-in-law of the petitioner, as petitioner father-in-law having two sons and petitioner is the widow of younger son and elder son Mohan Goshwami is trying to grab the entire amount pending in the account of father in-law of the petitioner after his death in connivance with the Bank persons."

3. Considering the nature of reliefs sought

Patna High Court CWJC No.9816 of 2023(2) dt.30-07-2024 3/3 for in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of her grievances.

4. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U