WP(C)/27520/2026 of RADHAMANI PANDA Vs ODISHA GRAMEEN BANK, PURI on 1 September 2026

ORDER

01.09.2026 Order No.

01.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel appearing for the petitioners. Perused the writ application as well as the documents annexed therein.

3. By filing the present writ application, the petitioner has sought for the following relief:- “It is, therefore, most respectfully prayed that your Lordship may graciously be pleased to admit this writ application and issue Rule NISI to the opp.party calling upon him to show cause as to why he shall not be directed to release the entire amount of fixed deposit of the deceased depositor in favour of the petitioners within a stipulated period; And on his failing to show cause or showing insufficient cause, the said Rule be made absolute; And pass such further order(s) as may be deemed fit and proper. And for this act of kindness the petitioners shall, as in duty bound ever pray.”

4. Learned counsel for the Petitioners, at the outset, contended that the present Petitioners are the legal heirs of Late Krushna Chandra Panda, who had a fixed deposit account at the Odisha Grameen Bank, Kanas Branch, District-Puri. He further contended that after the death of the account holder Late Krushna Chandra Panda, his legal heir including the present Petitioners approached the Bank to release such amount in their favour. He further contended that the Petitioners have received a letter from the Opposite Party/Bank dated 29.07.2026, wherein it has been indicated that the Bank is proposing to release the money in favour of the registered nominee. Accordingly, the Petitioners have been requested to furnish their legal objection and to obtain any order from the competent court. In the event, the Petitioners claim that they are the legal heirs of the deceased-account holder and have a share in the money deposited with the Bank. Being aggrieved by such conduct of the Opposite Party-Bank, the Petitioners have approached this Court by filing the present writ application.

5. On a careful consideration of the submission made by learned counsel for the Petitioners, this Court is of the view that the law with regard to nomination is well settled. The nominee in respect of any account is only the receiving hand of such money of the deceased person. It is further made clear that release of such money in favour of the nominee does not automatically entitled the nominee to acquire such money or property and enjoy the same to the exclusion of the other legal heirs, who had a subsisting right on such money. However, such right of the legal heirs can only be determined by a competent court. Therefore, the Petitioners had approached the competent civil court for passing necessary orders.

6. In such view of the matter, this Court deems it proper to dispose of the present application by directing the Opposite Party- Bank to examine the claim of the legal heirs as per the legal heirs certificate issued by the competent authority and disburse the amount in accordance with law. It is open to the Petitioners to approach any competent civil court to obtain an order in the aforesaid regard. In the event, any such order is produced within a period of two months, the same shall be considered by the Opposite Party-Bank. The disbursement of the amount in favour of the registered nominee shall be deferred for a period of two months providing opportunity to the Petitioners to approach the competent court.

7. With the aforesaid observation and direction, the Writ Petition stands disposed of.

( Aditya Kumar Mohapatra )

Judge

Sumitra

Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Sep-2026 16:18:27 Signature Not Verified