Court No. - 4
Case :- WRIT - C No. - 10993 of 2018 Petitioner :- Manoj And 4 Ors Respondent :- Union Of India And Anr Counsel for Petitioner :- Anand Kr Srivastava,Pratibha Asthana Counsel for Respondent :- A.S.G.I.,Om Prakash Srivastava,Sanjai Singh
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioners, learned Additional Solicitor General for respondent no. 1 and Sri Sanjay Kumar Mishra holding brief of Sri Sanjay Singh, learned counsel for respondent no. 2.
This writ petition has been filed by the petitioners for the following reliefs :
(i) issue a writ, order or direction in the nature of mandamus commanding the respondent nos. to release / transfer Rs. 2340575/- in the head 84430010400 of Civil Court / District Court, Azamgarh from the account of petitioners' father Late Harikirtan A/c No. 6734000100111648 of Punjab National Bank, Branch-Kataghar, Lalganj, District Azamgarh, as for issuing succession certificate in favour of petitioners, the court fees of Rs. 2340575/- is required as per office report dated 2.11.2017.
(ii) issue a writ, order or direction in the nature of mandamus directing the learned Civil Judge (Senior Division), Azamgarh to decide the Application Misc. Application No. 173 of 2017 (Manoj and others Vs. Legal heirs) in Misc. Succession Application No. 16 of 2017, as expeditiously as possible within time fixed by this Hon'ble Court.
(iii) issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) award the cost of this petition in favour of petitioner.
It has been contended by the learned counsel for the petitioners that unless the Misc. Application No. 173 of 2017 filed by the petitioner in Misc. Succession Application No. 16 of 2017 is decided expeditiously, the petitioners will not be able to obtain the release in his favour the amount of Rs. 2340575/- which is lying in the Bank account of his father late Harikirtan A/c No. 6734000100111648 of Punjab National Bank which has been deposited as compensation payable to the petitioners' father for his land acquired by the National Highway Authority of India.
Having heard learned counsel for the parties present and perused the averments made in the writ petition and other materials brought on record, without expressing any opinion on merit, we dispose of this writ petition with direction to the Civil Judge (Senior Division), Azamgarh to decide the Application Misc. Application No. 173 of 2017 (Manoj and others Vs. Legal heirs) in Misc. Succession Application No. 16 of 2017, as expeditiously as possible within a period of two months from the date of certified copy of this order, if there is no legal impediment.
Order Date :- 30.3.2018 Manoj