- (1.) The petitioner in this Art. 226 petition dated April 28, 2010 is seeking a mandamus commanding the first-third respondents to pay her the benefits payable under the deceased husband's life insurance policy.
(2.) The petitioner claims that she is the wife of one Susanta Bandopadhyay who was holding a valid life insurance policy at the date of his death on March 14, 2009. Her case is that though in law she is entitled to the benefits under the policy, the fourth respondent, Susanta's brother, has requested the Life Insurance of Corporation of India to pay him the benefits on the ground that he was nominated to receive the benefits.
(3.) Counsel submits that the petitioner has already applied for a succession certificate under the Indian Succession Act, 1925. She has invited me to make an order restraining the Corporation from paying the benefits to the fourth respondent. She has relied on Challamma v. Tilaga & Ors., 2009 9 SCC 299. The question is whether any order can be made in the matter by the High Court under Art. 226 of the Constitution of India.;