Writ petition challenging a bank's attachment and debit of the petitioner's pension amount was dismissed as infructuous following the death of the sole petitioner; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3405 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE SIXTEENTH DAY OFOCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE MOUSHUMIBHATTACHARYA
WRIT PETITION NO: 16837OF 2015
Between:
Smt. A. Janaki, Wo. Late A.N.Ganesh,Aged about 75 years'Rl/o. 304, Lalitha Constructions, B.R.R.Arcade,Gaganmahal, Street No. 11, Domalguda, Hyderabad-S0O 029.
...'ET'T.ONER
AND
State Bank of Hyderabad, SuryapetMainBranch-2O176,^gPp-Head Post Office, Suryapei-sOe Zta, NalgohdaDistrict, Rep. by its ChiefManager.
...RESPONDENTS
Petition under Article 226 of theconstitution of lndia praying that in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to pass an order or orders or writparticularly one in the natureof a Writ of Mandamus declaring the action of respondentBank in attaching the pension amount of Rs.86,4451(Rupees Eighty six Thousand Four and Fourty Five only) and thereby debiting the samefrom the petitionersAic. No.62226348315without anyprior notice and also therebeinganyauthorityof law as illegal, arbitraryand contrary to S.11 of the PensionsAct, 1871 and S.60(1Xg)of C P'0 besides violation ofprinciples of naturaljusticeand consequentlydirect the respondent bank to credit thepension amount ofRs.86,445l- tothe petitioners A,ic.No.6222634831 5 along withinterest.
l.A. NO: 2 OF 201S(WPMP.NO: 21852 OF 2015)
Petition under section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition,the High court maybe pleasedto direct the respondent bank to creditthe pension amountof Rs.86,445l-to the petrtioner's A/c.No.62226348315 along with interest.
l.A. NO: I OF 201S(YVVMP. NOi32140F 20151
Between:
State Bank of Hyderabad, SuryapetMain Branch-201J6,^9Pp-HeadPost Office, Suryape[-SOe Zta, NallondaDistrict, Rep. by its Chief Manager'
...PETITIONER/RESPONDENT
AND
Smt. A. Janaki, Wo. LateA.N.Ganesh,Aged about 75 years, Rio 304, Lalitha Constructions, B.R.R.Arcade,Gaganmahal, Street No11' Domalguda' Fyderabad-S'. 029
...RES'.NDENT/'ET.r.NER
Petition under section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may be pleased to Vacate the lnterim Crrder dt 28.7.2015passed in WP No.16837of 2015.
Counsel for the Petitioner: SRI SWAROOPOORILLA Counsel for the Respondent: SRI VENKATRAGHU RAMULU, SC FOR SBI
The Court made the following: ORDER
,7
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION No.16837 OF 2()15
Mr. Swaroop Oorilla, learned counsel for the petitioner
Mr. Venkat Raghu Ramulu, learned Standing Counsel appearingfor the respondent Bank
ORDER:
Learned counsel for the petitioner submits that theWrit Petition has become infructuous in view of the death ofthe sole petitioner.
vacated.
There shall be no order as to costs
To
SD/- MOHD. ISMAIL ASSISTANIREGISTRAR //rRUE COPY// Y SECTION OFFICER
PSK LS
WL
HIGH COURT
DATED:1611012024
ORDER
WP.No.16837 of 2015
,t ni 5TA TE A
.+
o
lt
[ 5 [Ei ttJit
o
,\1 I
I Dsselrc-
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS.
?
5
a IrtlP'.l
4 provisions across 4 enactments
Smt. A. Janaki
State Bank of Hyderabad, Suryapet Main Branch, rep. by its Chief Manager
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
