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1995 Supreme(Cal) 90

SAMARESH BANERJEE
STATE OF WEST BENGAL – Appellant
Versus
UNION OF INDIA – Respondent


SAMARESH BANERJEA, J.

( 1 ) THE instant writ application, which has been moved as a public interest litigation, is unique in the history of public interest litigation in this Court or perhaps in the entire country. Unlike the other public interest litigations, where normally any public spirited person or organisation comes before the Court for obtaining relief in favour of persons economically or socially oppressed and unable to approach the Court for vindication of their fundamental or legal right complaining against State action or inaction, in the instant case, the State itself has come up before this Court by way of public interest litigation championing the cause of the numerous small depositors of the three different residuary non-banking companies (hereinafter referred to as R. N. B. C.) and for vindication of their legal and constitutional rights. Its uniqueness, however, does not end 6 with the fact that here the petitioner is the State itself. It is also unique as in the instant application, State, being the petitioner complains against certains actions of the three R. N. B. Cs. and praying for reliefs against them which are admittedly not State or instrumentality of Stat





















































































































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