Gupteshwar Nath Upadhyay v. Union Of India And ORS.

M/L 200 06.08.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 14302 of 2025 Gupteshwar Nath Upadhyay Vs.

The Union of India & Ors.

Mr. Pranit Bag Mr. Avijit Ghoshal ... for the Petitioner.

Mr. Avishek Guha Mr. Subhajit Das ...for the LIC.

1. The reasoned order dated 18th February, 2025 passed by the Senior Divisional Manager, Life Insurance Corporation of India (LIC) is impugned herein.

2. By the reasoned order LIC has intimated the petitioner that nothing is payable to him with regard to his policy being no. 494743431.

3. According to the petitioner, three policies were generated by LIC in his favour but the fourth being no. 494743395 was never requested to be generated by the petitioner.

4. According to the petitioner, he is entitled to refund of certain amount from the authority.

5. The authority has opined that the petitioner failed to produce any bank statement to establish that he paid the renewal premiums by way of cheque and the said premium amount was debited from his bank account in respect of the policy no. 494743431.

6. It has been strenuously pointed out before the Court that the documents relied upon by the petitioner were

not considered for which the finding in the reasoned order is perverse.

7. The petitioner prays for a direction upon the authority for reconsideration of the prayer for refund relying upon further documents which were not considered by the authority.

8. Learned advocate representing LIC submits that the petitioner failed to produce documents in support of the premium paid and debited from the account of the petitioner.

9. With the amount paid by the petitioner three policies of the petitioner were genuinely generated and the balance amount has been refunded to the petitioner, duly accepted by him.

10. According to the petitioner, the policy no. 494743395 has not been generated as per the request of the petitioner. The petitioner contends that the policy no. 494743431 is the correct policy.

11. Learned advocate representing LIC contends that policy bearing no. 494743431 is the fake one and the policy bearing no. 494743395 is the original one.

12. Learned advocate representing LIC has brought to the notice of the Court the order passed by the Hon'ble Division Bench in MAT 395 of 2025 with CAN 1 of 2025 & CAN 2 of 2025 in the matter of Kiran Jaswal Vs. The Chairman, Life Insurance Corporation of India & Ors. whereby the Hon'ble Division Bench was pleased to affirm the order passed by this Bench on 3rd January, 2025 in WPA 24153 of 2024 dismissing the writ petition where similar disputed questions of facts in respect of policies of LIC were raised.

13. From the submissions made on behalf of the parties, it appears that there are several disputed questions of facts involved in the instant writ petition which cannot be gone into or decided in the writ proceeding.

14. In view of the above, no relief can be granted to the petitioner in the instant writ petition.

15. The writ petition fails and is hereby dismissed.

16. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)