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Patna High CourtCWJC/80/2024dismissed

Chandra Lekha Devi v. The State Bank Of India

2024-07-12Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.80 of 2024 ====================================================== Chandra Lekha Devi, Wife of Late Besh Lal Choudhary, Resident of VillageKhairahi, P.S. Dawath, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State Bank of India Through its Chief General Manager, West Gandhi Maidan, Patna.

2.

The Chief General Manager, State Bank of India, West Gandhi Maidan, Patna.

3.

The Assistant General Manager, State Bank of India, West Gandhi Maidan, Patna.

4.

The Branch Manager, State Bank of India, Bikramganj, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyapal Singh, Advocate For the Respondent/s :

Mr.Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 12-07-2024 Having heard the submission made by the learned Advocate on behalf of the petitioner and the learned Advocate for the Respondents-Bank, I find that the husband of the present petitioner, since deceased, was an employee under Indian Railways. After his retirement, he used to get pension through State Bank of India, Bikramganj, Rohtas. After his death, his wife is getting family pension. While she was getting family pension, the State Bank Authority received a letter from the Railways that due to miscalculation, the petitioner has been paid excess family pension which ought to be recovered. After getting the said letter, the Bank Authority put the account of the

Patna High Court CWJC No.80 of 2024(4) dt.12-07-2024 2/2 petitioner on hold.

2. Being aggrieved, the petitioner has filed the instant writ petition.

3. It is found from the record that the petitioner has not been made Railways, who is the pension disbursing authority, a party in the instant writ petition.

4. Therefore, the instant writ petition is bad for nonjoinder of necessary party and on this ground, the application is dismissed.

5. However, the petitioner is at liberty to file fresh writ petition on the selfsame cause of action, making the Railway Authority a respondent and claiming appropriate relief against it.

(Bibek Chaudhuri, J) uttam/- U