Smt. Taimun Nisha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7227 of 2017 =========================================================== Smt. Taimun Nisha, Wife of Late Hafiz Md. Gulam Sabir, Resident of VillageAtaullahpur, P.S.- Lalganj, District- Vaishali. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Finance Department, Govervnment of Bihar, Patna.

2. Life Insurance Corporation of India through its Regional Manager, Life Insurance Corporation of India, East Central Zone, Patna, Bihar.

3. The Chief Manager, Life Insurance Corporation of India, Branch Hajipur, District- Hajipur.

4. Noor Saba, Wife of Late Md. Rizwan, at presently Resident of MohallaMehsi, P.S.- Mehsi, District- East Champaran. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anuj Kumar, Advocate For the State : Mr. Parijat Saurav, AC to AAG10 For Respondent-LIC : Mr. Raj Dular Sah, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-04-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs - "(A) A writ in the nature of Mandamus or any other appropriate writ order/s direction/s commanding the Respondents for the following:- (i) To stop death claim payment in policy No. 528183760 on Life of Late Md. Late Md. Rizwan to Smt. Noor Saba Nominee.

(ii) To make the payment of the aforesaid death claim as per Panchayat settled between parties i.e. 75% of the total claim to be deposited in fixed deposit in the

Patna High Court CWJC No.7227 of 2017 dt.06-04-2018 2/3 name of Md. Farhan son of deceased Late Md. Rizwan and 12.5% to the Respondent No. 3 Nominee of Late Md. Rizwan on and 12.5% to the Petitioner who is mother of the deceased late Lal Md. Rizwan.

(B) To any other relief/s to which the petitioner is found entitled to."

3. At the very outset, this Court takes note that the petitioner has rushed to this Court straightforward without filing any representation before the Chief Manager, Life Insurance Corporation of India, Branch Hajipur, District- Hajipur, who as stated by the petitioner, is the competent authority for taking appropriate decision for redressal of her grievances.

4. In the above circumstances, the writ petition is dismissed with liberty to the petitioner to approach the Chief Manager, Life Insurance Corporation of India, Branch Hajipur, District- Hajipur (respondent no. 3) for redressal of her grievances and for consideration of the petitioner's claim on its own merits and in accordance with law. In case the petitioner files any representation before the Chief Manager, Life Insurance Corporation of India, Branch Hajipur, District- Hajipur within a period of two weeks from today, the same may be considered and disposed of expeditiously and in any event within a period of eight weeks of the receipt of the representation.

5. It is made clear that this Court is not expressing any

Patna High Court CWJC No.7227 of 2017 dt.06-04-2018 3/3 opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.04.2018 Transmission Date N.A.