Research › Search › Judgment

Patna High Court · body

2003 DIGILAW 937 (PAT)

Ather Hussain v. Indian Bank

2003-09-02

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2003
Judgment Ravi S.Dhavan, J. 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. 4. But, there is another aspect of the inconvenience to the villagers who now speak through their Panchayats, where are the Mukhiyas to go to make address on this issue ? Unfortunately, in Bihar the self Government institutions have not been put in place fully. This aspect affects development. A banking service is not only for a deposit holder. It also caters to the development of the region by receiving deposits, giving loans, receiving Government deposits and its disbursement for execution of the plans. There is a forum where all these matter can be discussed. Yet again, the unfortunate part is that the forum though mentioned in the Constitution of India and also in the Panchayat Rajya Act, Article 243 ZD and sec. 134, respectively, the institution referred to in the Article or the Section, is not functional. This is the District Planning Committee. Democracy is about development. Yet again, the unfortunate part is that the forum though mentioned in the Constitution of India and also in the Panchayat Rajya Act, Article 243 ZD and sec. 134, respectively, the institution referred to in the Article or the Section, is not functional. This is the District Planning Committee. Democracy is about development. The Mukhiyas of the village could have gone to the District Planning Committee and could have drawn the attention of the Committee that a banking service to the five villages is being closed and seek a solution. This is the issue. 5. While the High Court is not issuing a writ in this petition some one has to listen to these Mukhiyas, the bank is not excluded. 6. With the aforesaid observation this application is being laid to rest.