Nitin Patel v. Union Of India And ORS.

22.09.2025 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15863 of 2025 Nitin Patel -versus The Union of India & Ors.

Mr. Avijit Ghosal.

...For the Petitioner.

Mr. Avishek Guha.

Mr. S. Das.

... For the respondent nos. 2 to 10.

Ms. Tapasi Sinha Palit.

... For the UOI.

Mr. Rajesh Singh.

Mr. S. Nandy.

... For the respondent no. 11.

1.

The petitioner challenges the order dated 18th February, 2025 passed by the Senior Divisional Manager LIC by holding that no amount is due and payable to the petitioner.

2.

The reasoned order records that the petitioner paid the first installment by cash. The record of the LIC mentions that the first installment was paid by cheque.

3.

It is the specific stand of LIC that fake policies were generated by utilising the fund of LIC. A criminal case is pending consideration before the competent forum.

4.

The submission by the petitioner that the first installment was paid by cash cannot be

substantiated from the records of LIC. An element of fraud has also been pleaded before this Court. 5.

The judgment dated 16th April, 2025 passed by the Hon'ble Division Bench of this Court in M.A.T. 360 of 2025 with I.A. No. CAN 1 of 2025 with I.A. No. CAN 2 of 2025 (Kiran Jaswal -Vs.- the Chairman, Life Insurance Corporation of India & Ors) has been placed before this Court. Orders dated 6th August, 2025 in WPA 14302 of 2025 (Gupteshwar Nath Upadhyay -Vs.- The Union of India & Ors) and WPA 14763 of 2025 (Kedar Nath Singha -VersusThe Union of India & Ors) are also placed before this Court.

6.

The petitioner relies upon the order dated 5th April, 2023 passed by the Hon'ble Division Bench of this Court in FMA 880 of 2022 with IA no. CAN 1 of 2020 (Old No. CAN 1857 of 2020) (Smt. Rupa Sarkar -Vs.- Life Insurance Corporation of India & Ors). 7.

Upon hearing the submission made on behalf of the parties, it appears that there are several disputed questions of facts involved. Criminal case is pending against the persons suspected to be involved in the fraud.

8.

In view of the above, the Court is not inclined to exercise jurisdiction in the matter. No relief can be granted to the petitioner in the instant writ petition.

9.

The writ petition fails and is hereby dismissed.

10.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)