\ PART II IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. OF 2018 (Under Article 32 of the Constitution of India) IN THE MATTER OF: Buddhi Ballabh Joshi S/o Late Sri Shekhar Nand Joshi, H.N- 157 A, Block-C Sector-20, Noida, Gautambudhnagar, U.P ... Petitioner VERSUS, 1. Union of India, Through, General Manager, Reserve Bank of India, Sansad Marg, New Delhi- 110001 2. Branch Manager, Oriental Bank of Commerce, \V-22B, Bhoja Market, Near Vinayak Hospital, Sector 27, Noida, Gautambudhnagar, U.P ... RespondentsWRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDI A TO THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS HON’BLE COMP: ANION JUSTICES OF THE SUPREME COURT OF INDIA THE HUMBLE PETITION OF THE PETITIONER AB OVE NAMED: MOST RESPECTFULLY SHOWETH: 1. That the present writ petition under Article 32 of the Constitution of India is to challenge the constitutional validity of actions of the Respondent Re serve Bank of India being violative of fundamental rights of the Petitioner as provided under Articles 14 of the Constitution of India. The Petitioner has been deprived of its fundamental right as Respondent No.1 has dep rived the petitioner in spite of the fact that a competent court had directe d that the amount found in the locker be deposited in Reserve bank of In dia and the equal amount be transferred in the account of deceased till t he suit of inheritance is decided. But Respondent no. 1 did not comply th e order of Ld subordinate court in most arbitrary, whimsical and illegal m anner citing the illogical reason that the issue pertaining to De-monetisation is pending before this Hon'ble Court which has nothing to do with thi s case as this case pertains to exchange of currencies of Rs 500 and Rs 1000 whereas the Writ Petition (Civil) No. 906/2017, Vivek Narayan Sh arma Vs Union of India pending before this Hon'ble Court is for the wit hdrawal limit and difficulties in withdrawal of permissible amount from the bank. That the Petitioner is citizen of India and hence he is entitled to invoke the jurisdiction under Article 32 of the Constitution of India. That on 24.12.2017 — Petitioner filed a suit for Succession bearing Su ccession Suit No. 59/2017 before the court of Ld Civil Judge (Senior D ivision), Gautam Budh Nagar , U.P for declaring the certificate of succe ssion in favour of the petitioner pertaining to the bank account no 0708 2191020497 Oriental bank of Commerce, Sector 27, NOIDA and of B ank Locker No. BB 67 situated in the Oriental bank of Commerce, Sec tor 27, NOIDA , F.D for the amount of Rs. 40,000 in Bank account No. 7083031046240 of Oriental bank of Commerce, Sector 20, NOIDA a nd Fixed Deposit for the amount of Rs 15,000 in account no. 0707303 1059678 of Oriental bank of Commerce, Sector 20, NOIDA, and Fixed Deposit of Rs 1,00,000 in the account no. 070730310504758 of Oriental bank of Commerce, Sector 20, NOIDA and fixed deposit of Rs 10,00 ,000 in the 07073031060346 of Oriental bank of Commerce, Sector 20 , NOIDA as the said accounts and locker is being owned by Late Cha ndrakanta Joshi and the petitioner is her adopted son. True translated copy of Succession Suit No. 59/2017filed before Ld Civil Judge (Senio r Division), Gautam Budh Nagar U.P dated 24.12.2017 is annexed her ewith as ANNEXURE P-1.(Page No. 4. That on 24.12.2017 _ the suit of the petitioner was partially allowed w hereby Ld Civil Judge (Senior Division) directed the Branch Manager, Oriental Bank to open the said Locker No. BB 67 and if any cash is fou nd in aforesaid Locker then the said amount be deposited in the accou nt no. 07082191020497 pertaining to Late Chandrakanta Joshi and its details be submitted to the court of Ld Civil Judge Senior Division, Gau tambudhnagar and it was further directed that no other articles be take ‘1 out from the locker and till further order the said account be seized, n © amount to be withdrawn from the said account, no debit or credit car ¢ pertaining to the said account be operated. True translated copy of t he order dated 24.12.2017 passed by Ld Civil Judge (Senior Division), Gautam Budh Nagar, U.P in Succession Suit No. 59/2017 is annexed herewith as ANNEXURE P-2, (Page No. eS er ea ereThat on 21.03.2018 Ld Subordinate court directed, Chief Manag er, Oriental Bank of Commerce, Sector 27, Noida that he himse If should be present and in his supervision the disputed locker no.BB 67 be opened in the presence of petitioner and if in the lo cker the currency of Rs.1000/- and Rs 500/- is found then the same should be taken into custody of an official in the Rank of Manager and the said amount be taken alongwith be deposited in Reserve Bank of India, New Delhi and the said amount be tra nsferred in concerned account No. 07082191020497 and compl ete details of proceeding be submitted before the Court. It was a 1so directed by Ld Subordinate court that the details of old curr encies taken out the locker during proceeding be kept safe as re cord its one copy be submitted in the court. True translated cop y of order dated 21.03.2018 passed by Ld Civil Judge (Senior Di vision), Gautam Budh Nagar, U.P in Succession Suit No. 59/20 17 is annexed herewith as ANNEXURE P-3. (Page No. That on 29.03.2018 in order to comply with the direction of Ld Subordinate court orders dated 25.03.2018 the Locker No. BB 6 7 was opened in presence of the applicant i.e. Shri Budhi Balla bh Joshi, bank officials and other witnesses. Video recording ofthe complete procedure was also carried out. The inventories of the items and the details of currency was prepared. In the Lock er currencies of Rs.1000 and Rs 500 worth Rs. 14;50,000 was f ound. The locker was again sealed with all items found except t he currency of denomination of Rs.1000/- and Rs.500/- Furthe r, the currency found in the locker was entrusted to the official of the bank for depositing it in Reserve Bank of India and for cr editing the same in account No. 07082191020497. True typed ¢ opy of the proceedings of Oriental Bank of Commerce, NOIDA, D istrict Gautam Buddha Nagar, U.P dated 29.03.2018 is annexe d herewith as ANNEXURE P-4, (Page No. That on 29.03.2018 Res. No.2 made a request in writing to Ge neral Manager, Reserve Bank of India, New Delhi stating that in compliance of the order dated 25.03.2018 passed by Ld Civil Ju dge, (Sr Div), Gautambudh Nagar, Noida, U.P the amount be de posited in Reserve Bank of India and as Rs. 14,50,000 was foun d in the Locker, same was sent to Res No.1 for depositing it and to further credit it in the account of deceased mother of petition er. True typed copy of the letter dated 29.03.2018 issued by Ori ental Bank of Commerce, NOIDA Branch, addressed to General ATENRETE RL INET Se REN Em Rm —Manager, Reserve Bank of India, New Delhi is annexed herewith as ANNEXURE P-5. (Page No That on 29.03.2018 the gate pass was issued to the Rep of Res No.2 by Res No.1 for making entry in Reserve bank of India pre mise for depositing the amount of Rs. 14,50,000. True typed co py of Gate pass issued by Reserve Bank of India dated 29.03.20 18 is annexed herewith as ANNEXURE P-6. (Page No. That on 29.03.2018 It is pertinent to mention that in order to c omply with the court orders dated 25.03.2018 The Locker No. B B 67 was opened and the currency of denomination of Rs.500/- worth Rs.14,50,000/- was found in the locker alongwith other p apers/documents. The sum (i.c.) Rs.14,50,000/- was sent to Re serve Bank of India, Delhi alongwith Shri Sonu Jangra (Assista nt Manager) and Shri Budhi Ballab Joshi (Applicant). They ente red Reserve Bank of India on 14.05 Hrs (Pass No. 2903170628). The letter was duly acknowledged/stamped over there and it wa s told that they cannot deposit the money by Supreme Court or der reference no.906/2017 (between Vivek Narayan Sharma Vs. Union of India) dated 16.12.2017. Then the money was taken b ack in the branch. The seal of the locker was opened and the w11. hole money was again kept back to the locker and again locker was sealed in presence of the bank officials, the applicant and i ndependent witnesses. True typed copy of the proceedings of Orient al Bank of Commerce, NOIDA, Gautam Budh Nagar, U.P in order to c comply the order dated 25.03.2018, passed by passed by Ld Civil Judg e (Senior Division), Gautam Budh Nagar , U.P in Succession Suit No. 59/2017 is annexed herewith as ANNEXURE P-7. (Page No. Hence this Writ Petition before this Hon'ble Court under Article 32 of t he Constitution of India. That the Petitioner is constrained to file this petition under Article 32 0 f the Constitution of India before this Hon'ble Court on the following gr ounds: GROUNDS A. Because, the actions of the Respondent Reserve Bank of India no t depositing the currency which is no longer a legal tender is violati ve of fundamental rights of the Petitioner as provide under Articles 14 of the Constitution of India B. Because, the Petitioner has been deprived of its fundamental right as Respondent No.1 has deprived the petitioner in spite of the factthat a competent court had directed that the amount found in the Iq cker be deposited in Reserve bank of India and the equal amount be transferred in the account of deceased till the suit of inheritance is decided Because, the denial of Res No.1 to deposit the amount is not viola tive of petitioner’s fundamental rights but it is also a gross contemp t of the court of law as there has been a specific order by a compe tent court of Law. Because, Respondent no. 1 did not comply the order of Ld subord inate court in most arbitrary, whimsical and illegal manner citing th € illogical reason that the issue pertaining to De-monetisation is pe nding before this Hon'ble Court. Because the instant case has nothing to do with the Writ Petition ( Civil) No. 906/2017, Vivek Narayan Sharma Vs Union of India p ending before this Hon'ble Court as this case pertains only to ex change of currencies of Rs 500 and Rs 1000. Because, Writ Petition (Civil) No. 906/2017, Vivek Narayan Shar ma Vs Union of India pending before this Hon'ble Court is for th e withdrawal limit and difficulties in withdrawal of permissible am ount from the bank and not for depositing of money which is no13. more legal tender. G. _ Itis respectfully submitted that the Petitioner craves leave to rais e additional grounds at the time of hearing of the instant petition. That the Petitioner has not filed any other petition in this Hon'ble Cour tor any other High Court with regard to the subject matter of this petiti on. That as the Respondent No.1 has Petitioner has deprived the petitioner in spite of the fact that a competent court had directed that the amount f ‘ound in the locker be deposited in Reserve bank of India and the equal a mount be transferred in the account of deceased till the suit of inheritance e is decided. But Respondent no. 1 did not comply the order of Ld subor dinate court in most arbitrary, whimsical and illegal manner citing the illo gical reason that the issue pertaining to De-monetisation is pending befo re this Hon'ble Court which has nothing to do with this case as this case pertains to exchange of currencies of Rs 500 and Rs 1000 whereas the Writ Petition (Civil) No. 906/2017, Vivek Narayan Sharma Vs Union of India pending before this Hon'ble Court is for the withdrawal limit and difficulties in withdrawal of permissible amount from the bank in a wee k. There is no other alternative and equally efficacious remedy availab le to the Petitioner, except approaching this Hon'ble Court to meet the ends of justice. PRAYERIn the premises set forth above, the Petitioner prays that this Hon'ble Court may be pleased to: (i) issue a writ of mandamus orany other appropriate writ, directing the Respondents to exchange the amount of Rs.14,50,000 foun din the bank Locker of the account of the deceased mother of p etitioner and to deposit in the account of deceased as the issue regarding inheritance of the said property is already pending bef ore the Ld civil Judge, Sr. Division, Gautambudh Nagar, UP (ii) pass any such or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY. FILED BY: DRAWN ON: — .06.2018 [MR Raj Kumar Nagar] FILEDON: 06.2018 Advocate for the Petitioner