ATHER HUSSAIN Vs. INDIAN BANK

JUDGEMENT

(1.) The petitioner are Mukhiyas of Panchayats of the villages Garaul, Raj Kathra, Haryat, Raj Ijrahata and Tumaul Suhat, all within Darbhanga district. They have brought this petitions a common cause that a nationalized bank, the Indian Bank, which hitherto was functioning at Garaul and was giving banking services to the aforesaid villages, has decided to unwind its operation and move to Ali Nagar. The petitioners contend that if there is a cryptic closing of the Bank, it will cause a lot of inconvenience to the villagers as there is no alternative.

(2.) The contention of the petitioners is that as long as the nationalized banks are being given banking businesses they cannot close the branches at their will. The contention is that the Banks partake the nature of a State and is amenable to writ jurisdiction of the High Court.

(3.) The fact of the matter is that a Bank whether nationalized or otherwise is a commercial venture. The aspect that the Bank is a nationalized bank, perhaps, may be brought under the writ jurisdiction of the Court. But, again should a High Court issue a writ to a Bank not to close its branch then the other corollary will be that the High Court may be issuing a writ to another branch to open up a branch. The writ jurisdiction clearly is not meant for this.