IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4583 of 2005 Jamshed Akhtar, S/o Late Sayeed Akhtar, resident of Mohalla Khalilpura, P.S. Phulwari Sharif, District, Patna….. ……Petitioner Versus 1. The Regional Manager, Allahabad Bank, Patna, Bailey Road, P.S. Kotwali, Patna, 2. The Branch Manager, Allahabad Bank, Phulwari Sharif, Patna… ……Respondents ---------------------------------- 7 22.12.2011 No one appears on behalf of the parties. Time was granted on 21.07.2011, 30.09.2011 and lastly on 16.12.2011 to the learned counsel for the Allahabad Bank to seek instruction and file necessary affidavit. However, no affidavit is on record and learned counsel is also not present. In above view of the matter, I proceed to consider and dispose of this writ application on the materials which are available on the record. The petitioner seeks direction commanding the respondent no.2, the Branch Manager, Allahabad Bank, Phulwari Sharif, Patna to make payment of amount which is deposited in the respondent’s bank in the account which is in the name of his mother. It is claimed by the petitioner 2 that his mother was receiving family pension from the State of Bihar which was being deposited in the aforesaid branch of the Allahabd Bank, Phulwari Sharif, Patna in the savings account no.116539 opened by the mother of the petitioner and the petitioner’s name has been recorded therein as nominee. It has further been stated in the writ application that the mother of the petitioner received family pension since 23.06.1997 till 02.04.2002. In view of illness and her subsequent death at Haveli Khargpur, Munger, she could not withdraw the balance amount which is lying in the bank account till date. Petitioner claims to be a adopted son of the concerned lady whose account is running in the Bank and also that he has been declared as a nominee by the account holder which would be apparent from relevant records which are maintained by the Bank. It has also been stated that the petitioner is the sole surviving heir of his adoptee mother and whenever the account was operated by his mother, she used to put thumb impression and petitioner used to identified the same. It has also been stated that after 3 the death of his mother, the representation was filed by the petitioner on 14.02.2003 informing the Bank about the death of the mother and being the nominee of the said account had requested to settle account of his mother in his favour by paying the balance to the petitioner. However, it is stated that no action could be taken by the concerned Bank despite of representation filed by the petitioner on 14.02.2003 and thereafter again on 29.05.2004. In view of the aforesaid circumstances, this Court has directed learned counsel for the respondent-Bank to seek instruction and file counter affidavit. But, despite of the adjournments granted as indicated above, no stand has been taken by the concerned Bank till date. In above view of the matter, this application is disposed of with a direction to the petitioner to file a fresh representation raising his grievance before respondent no.2, along with a certified copy of this order and if the same step is taken by the petitioner, then let respondent no.2 take a decision in accordance with law within six weeks 4 thereafter. It is made clear that in case the petitioner is found entitled to receive the amount in question then the same should be paid to him within two weeks after such decision, failing which, the petitioner would be entitled for interest at the rate of 8% per annum. Sanjay-II (Dr. Ravi Ranjan, J.)