Facts
The petitioner, a 70-year-old laborer and BPL card holder from Village Kosir, was sanctioned ₹1,20,000 as the first installment for house construction under the Pradhan Mantri Awas Yojana (PMAY).
Source reference: para. 1, 2, 4The funds were deposited into his account (No. 3918989364) at the Central Bank of India, Kosir Branch.
Source reference: para. 2, 8However, the Bank put the account on "hold," preventing the petitioner from accessing the funds.
Source reference: para. 3, 5The Bank alleged this action was based on a 2019 letter from the CEO of Janpad Panchayat, Sarangarh, but failed to produce documents or a formal reply justifying the freeze.
Source reference: para. 3, 6, 7The petitioner approached the High Court seeking a direction to reopen the account and release the sanctioned amount.
Source reference: para. 1Issues
1. Whether the action of the Respondent Bank in putting a "hold" on the petitioner’s bank account, thereby restricting access to PMAY sanctioned funds, was legally sustainable.
Source reference: para. 92. Whether the petitioner is entitled to the release of the sanctioned amount along with interest.
Source reference: para. 11Law Applied
The court applied the principle of administrative fairness and the legal requirement for due process in banking operations, noting that a bank cannot freeze an account without valid legal grounds or specific instructions supported by evidence.
Source reference: para. 6, 9The court further emphasized the non-discretionary nature of social welfare disbursals under centrally sponsored schemes like the Pradhan Mantri Awas Yojana (PMAY), which are intended for specific beneficiaries identified by socio-economic criteria.
Source reference: para. 5, 9Reasoning
The Court observed that while the Bank claimed to act under instructions from the Janpad Panchayat CEO, no such communication was placed on record, nor was a formal return filed by the Bank.
Source reference: para. 6, 7The Court determined that even if a communication existed, it could not serve as a perennial ground to withhold a citizen's access to their account without a statutory or legal basis.
Source reference: para. 6Since there was no dispute regarding the petitioner's identity or the ownership of the account, the Court found the Bank's action arbitrary.
Source reference: para. 8, 9By freezing the account, the Bank effectively obstructed the petitioner’s right to utilize welfare funds sanctioned for the basic necessity of housing.
Source reference: para. 9Holding
The Court answered the issues in the affirmative, holding that the Bank’s action was not in accordance with the law.
The Writ Petition was allowed. The Court directed the Bank to immediately lift the "hold" on Account No. 3918989364 and permit the petitioner to resume transactions. Furthermore, the Bank was ordered not to hinder the petitioner from obtaining the ₹1,20,000 PMAY amount and declared the petitioner entitled to applicable interest on the withheld sum.
Source reference: para. 10, 11, 12Original Court PDF
CHAND RAM BANJAREvsSTATE OF CHHATTISGARH
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