Patna High Court
Manju DeviversusThe Punjab National Bank
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court restored liberty to the petitioner to obtain a declaration and disposed of the writ petition.
Summary
Manju Devi, the widow of the late Vijay Paswan, filed a writ petition against Punjab National Bank seeking a declaration to adjudicate her claim. The bank contended that her name does not appear in its official records and therefore she lacks a direct claim. The petitioner argued that she should be given liberty to obtain a declaration through the appropriate legal procedure and then present her case to the bank. The court examined whether the writ petition could be entertained without a prior declaration. It held that the petitioner should be restored the liberty to pursue the appropriate remedy and that the writ petition be disposed. Consequently, the court directed that the petitioner may seek a declaration and thereafter approach the bank for adjudication of her grievance.
Issues considered
- What is the appropriate remedy for the petitioner to obtain a declaration and have her claim adjudicated by the bank?
- Whether the writ petition can be disposed of by merely restoring the petitioner’s liberty to seek a declaration.
Subjects
- writ petition
- bank claim
- declaration
- locus standi
- civil procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15688 of 2025
======================================================
Manju Devi Wife of Late Vijay Paswan, Resident of Mohalla- Dusadhi Pakri,
P.O. and P.S- Kankarbagh, District- Patna, at present resident of Village and
P.O- Cheran, Post- Harnaut, P.S.- Harnaut, District- Nalanda, permanently
residing in Village- Akair, P.S.- Chandi, District- Nalanda.
... ... Petitioner/s
Versus
1. The Punjab National Bank through its General Manager, Bhikhaji Cama
Place, New Delhi (R.K. Puram).
2. The General Manager, Punjab National Bank, Bhikhaji Cama Place, R.K.
Puram, New Delhi.
3. The Zonal Manager, Punjab National Bank, R-Block Chanakya Place, P.O-
G.P.O., Patna.
4. The Branch Manager, Punjab National Bank, Korari Baghatila Branch via
Harnaut, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar, Adv.
Mr. Pradhan Murli, Adv.
Mr. Manohar Pd., Adv.
For the PNB : Mr. Nishi Nath Ojha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-01-2026 Heard learned counsel for the parties.
2. Counsel for the petitioner, by referring to
Annexure-R/6, which forms part of the counter affidavit, filed
on behalf of the respondent Bank, wherein, the authorities of the
Bank by referring to the records maintained in the bank, submits
that the name of the petitioner does not appear in the official
records of late Vijay Paswan wherein, the status of the petitioner
is recorded as wife of late Vijay Paswan.
3. Counsel for the petitioner, at this stage, submits that
Patna High Court CWJC No.15688 of 2025(3) dt.29-01-2026
2/2
the petitioner may be restored with liberty to take appropriate
remedy for declaration by resorting to the procedure prescribed
in law and, on getting such declaration by due process of law
and on presentation of her case along with such deceleration, at
appropriate time, the authorities of the bank may be directed to
adjudicate her claim.
4. Be that as it may, the writ petition is disposed of by
restoring such liberty to the petitioner to get his grievances
ventilated by taking appropriate remedy.
(Ajit Kumar, J)
rishi/-
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