Shiv Shankar Prasad Vs The Chief Post Master General, Bihar Circle and Ors. — Patna HC (2025) — LawSathi Research

Shiv Shankar Prasad Vs The Chief Post Master General, Bihar Circle and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a representation before Respondent No. 2 (Superintendent of Post Offices, District-Nalanda, Biharsharif) within one month; Respondent No. 2 to dispose of it within two months after giving the petitioner an opportunity of hearing, by a reasoned and speaking order.

Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing the respondents to pay the total amount with compound interest on T.D. Account No.-332379 (dated 23-05-1981, Rs. 10,000/-) and T.D. Account No. 332380 (dated 29-05-1981, Rs. 10,000/-), five-year deposits at Nischalganj Post Office, District-Nalanda, said to have been opened/deposited by the petitioner's step-grandmother (Nani), Late Malti Devi. +1 more

Court's answer

If the representation is filed within one month from the date of the order, Respondent No. 2 (Superintendent of Post Offices, District-Nalanda, Biharsharif) shall afford the petitioner an opportunity of hearing and dispose of the representation within a period of two months by passing a reasoned and speaking order.

Ratio / Principle

On the petitioner's own alternative prayer, to which the Union of India's counsel raised no objection, the Court disposed of the writ application, granting the petitioner liberty to file a representation before the Superintendent of Post Offices, District-Nalanda, Biharsharif (Respondent No. 2) claiming the relief sought in the writ; the Court did not itself adjudicate entitlement to the deposit amounts or interest.

Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Sinha, J) - Civil Writ Jurisdiction Case No.4036 of 2016, oral order dated 16-05-2025. The petitioner sought a writ of mandamus requiring the postal authorities to pay, with compound interest, two five-year Time Deposits of Rs. 10,000/- each (T.D. Account No.-332379 dated 23-05-1981 and T.D. Account No. 332380 dated 29-05-1981) held at Nischalganj Post Office, District-Nalanda, said to have been opened/deposited in the lifetime of his step-grandmother (Nani), Late Malti Devi. Counsel for the Union of India objected to maintainability on the ground that no demand had been raised before, nor rejected by, the concerned authority. The Court did not adjudicate the merits: acting on the petitioner's own prayer, unobjected to by the Union of India, it disposed of the writ application, granting liberty to file a representation before the Superintendent of Post Offices, District-Nalanda, Biharsharif (Respondent No. 2) within one month; Respondent No. 2 is to give the petitioner an opportunity of hearing and dispose of the representation within two months by a reasoned and speaking order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4036 of 2016

======================================================

Shiv Shankar Prasad Son of late Ambika Prasad Resident of VillageMahamadpur , P.s Aungari District Nalanda, Presently Resides at Agam Kuman Shankar Kirana Shop Maharan Colony, Kamaldah Path,Near daru Bhathi Po Gulzarbagh P.s By Pass, District Patna.

... ... Petitioner/s

Versus

The Chief Post Master General, Bihar Circle

Superintendent of Post Offices, District Nalanda Biharsharif.

Post Master, Branch Post Office, Ekangarsarai District Nalanda.

Sub-Post Master Village Post Office Nischalganj Block Ekangarsarai District Nalanda.

Postal Inspector Hilsa District Nalanda Biharsharif.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Dr. Om Prakash Om, Advocate For the Respondent/s : Mr. S.D Sanjay, Addl. Soc. Gen. For UOI : Mr. Awadhesh Kumar Pandey, Sr. CGC : Mr. Abhishek Kumar Verma, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

5 16-05-2025 Heard Dr. Om Prakash Om, learned counsel for the

petitioner and Mr. Awadhesh Kumar Pandey, learned Sr. CGC for the Union of India.

2 . The petitioner has approached this Court for issuance of writ of mandamus to the concerned respondents to pay the total amount with compound interest of T.D. Account No.-332379, dated 23-05-1981 of Rs. 10,000/- and T.D. Account No. 332380, dated 29-05-1981 of Rs. 10,000/- for five years in Nischalganj Post Office, District-Nalanda which was said to have been opened/deposited by the step-grandmother ( Nani ) of

Patna High Court CWJC No.4036 of 2016(5) dt.16-05-2025 2/3

the petitioner namely, Late Malti Devi in her lifetime.

3 . Learned counsel appearing for Union of India objects to the maintainability of the present writ application on the ground that the petitioner cannot seek writ of mandamus without raising a demand before the concerned authority for redressal of his grievance. Since no demand has been raised and there exists no rejection of the demand, therefore he submits that the present writ application should not be entertained for issuance of writ of mandamus.

4 . The learned counsel appearing for the petitioner submits that he would be satisfied if this Court would grant him the opportunity to file a representation before the Superintendent of Post Offices, District-Nalanda, Biharsharif (Respondent No. 2) for seeking ventilation of his grievance which he has raised in the present writ application and further if a time frame could be fixed for disposal of his representation.

5 . To this prayer being made by the learned counsel for the petitioner, learned counsel appearing for Union of India does not have any objection.

6 . As prayed for by the learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a representation before the Superintendent

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of Post Offices, District-Nalanda, Biharsharif (Respondent No. 2) for claiming the relief which the petitioner has claimed in the present writ application. If such a representation is filed within one month from the date of this order, the Respondent No. 2 after giving an opportunity of hearing to the petitioner shall dispose of the same further within a period of two months by passing a reasoned and speaking order.

7 . With the aforesaid observation and direction, the present writ application is disposed of.

(Alok Kumar Sinha, J)

Gaurav Sinha/-

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