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Judgment
Gautam Kumar Choudhary, J
Petitioner is 86 years lady, who is before this Court for a writ in the nature of mandamus upon the respondent no.4, for release of the deposited amount in the Bank Account of her son, Late Lalan Prasad.
It is submitted by learned counsel on behalf of petitioner that Lalan Prasad died bachelor and the petitioner is sole surviving Class I heir in the service book (Annexure 11). Petitioner was nominee of the deceased Lalan Prasad. It is further submitted that Annexure 5 is the letter to the Pay and Account Officer, Central Pension Accounting Office, Government of India dated 01.12.2023 for disbursement of the family pension to the petitioner after death of Lalan Prasad. Despite these incontrovertible documents, the deposit amount in the name of Lalan Prasad, has not been released in favour of the petitioner.
Counter affidavit has been filed on behalf of Accountant General whereby and whereunder factual assertions on behalf of the petitioner have not been disputed.
Learned counsel on behalf of Bank of India-respondent no.4 submits that once a duly filled-up form for release of the amount is filed, the same will be processed and will be released.
Having considered the submissions advanced on behalf of the petitioner, it is apparent that there is no rival claimant to the amount deposited in the account of Late Lalan Prasad. It is also not in dispute that the petitioner, an old lady, in the present case, is the mother and Class I heir of her son under Hindu Succession Act.
Under the circumstance, the petitioner cannot be driven to the Civil Court to obtain a succession certificate for getting the amount released in her favour. The petitioner is directed to submit duly filled-up form for release of the amount which will be disbursed by the Bank within two weeks without any further insistence for succession certificate.
Writ Petition accordingly, stands disposed of. Interlocutory Application, if any, is disposed of.