Legal heirs are entitled to withdraw their share of compensation from a joint account upon necessary proofs being provided, despite the presence of other co-owners.

Order

16.07.2025 No.

01. 1. This matter is taken up through hybrid arrangement.

2. The Petitioners, by filing the Writ Petition, have sought for a direction from this Court to the Opposite Party No.3-Bank to allow the Petitioner No.1 (Joint Account Holder) for withdrawal of the compensation amount in respect of three shares of the Petitioners ( out of four equal shares) from credited amount of Rs. 74,82,555/- from the Joint S.B. Account No. 6775000100048859 operating in the Opposite Party No.3/

Bank.

3. Learned counsel for the Petitioners submits that the Government of Odisha in W.R. Department Acquired Ac 9.89 decimal of land under Khata No.40 of Vill- Kalimati in the district of Nuapada for construction of Lower Indra Irrigation Project on 16.05.2001. The acquired land was recorded in the names of Kalisingh Majhi and Hadu Majhi Sons of Late Damodar Majhi. In the mean while, Kalisingh Majhi and Hadu Majhi died leaving behind their legal heirs. Kalisingh Majhi was survived by his wife Gajadei Majhi and four daughters named, Ukia Majhi, Lalita Majhi, Pana Majhi, and Sajana Majhi as legal heirs and Hadu Majhi was survived by his only daughter named Ambika Majhi as one legal heir.

4. He further submits that Gajadei Majhi filed an application under Section 28-A of L.A. Act, 1894 before Opposite Party No.2 /Special Land Acquisition Officer, Lower Indra Irrigation Project, Khariar for higher compensation. The award was passed and Government of Odisha vide order dated 17.5.2024 sanctioned the enhanced compensation amount of Rs.1,49,65,109/- in favour of Gajadei Majhi and others to be disbursed. The above sanctioned amount of compensation was divided by the Opposite Party No.2 in two equal halves. One half of the amount of Rs. 74,82,555/- was disbursed to Ambika Majhi, D/o Late Hadu Majhi towards 50% share. Other half of Rs. 74,82,555/-( 50%) is to be disbursed among four daughters as legal heirs of Late Gajadei Majhi and Kalisingh Majhi. In the meantime, Gajadei Majhi mother of the Petitioners died on 24.07.2024. Prior to the death of Gajadei Majhi, the mother of the Petitioners, a joint account bearing No. 6775000100048859 was opened in the names of the Gajadei Majhi mother of the Petitioners and Sajana Majhi ( Petitioner No.l) in the Punjab National Bank, Nuapada. After the death of Gajadei Majhi, the mother of the petitioner, the above account is operating by Joint Account holder Petitioner No.l.

5. It is further submitted that the Opposite Party No.2 vide letter dated 17.01.2025 requested the Opposite party No. 3 to allow withdrawal of the compensation amount by joint account holder and other share holders. The above deposited amount is to be divided equally among four daughters of late claimants Kalsingh Majhi and Gajadei Majhi. One sister (share holder of the petitioners named Pana Majhi with a malafide intention is not willing/cooperating with the Joint SB Account holder (Petitioner No.l) to withdraw the credited amount of compensation from the Joint S.B. Account. Therefore, the Petitioners could not withdraw their share money. Hence, they requested the Branch Manger (Opposite Party No.3) to allow them for withdrawal of their share amount (three share) out of our equal shares keeping one share on hold. The Branch Manager of the Bank is not paying heed and ask them to call Pana Majhi for withdrawal of the entire amount of compensation. But, Pana Majhi one of the share holders is not willing to take her share with a malafide intention. Petitioners are scheduled Tribe women. They being displaced persons, they want to resettle by constructing their dwelling houses with the compensation money. If they do not get their compensation amount, they will be highly prejudiced. Therefore, the petitioners want to withdraw their shares amount out of four equal shares from the deposited compensation amount of Rs. 74,82,55.5/- from joint S.B. Account.

6. Considering the submissions made by the learned counsel for the Petitioners and on going throug