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1995 Supreme(J&K) 146

A.M.MIR, R.K.NEHRU, V.K.GUPTA
Firdous Ahmad Tanki – Appellant
Versus
J&K Bank Ltd. – Respondent


Per Gupta J.

1. By this common judgment, we shall dispose of the limited question relating to the interpretation and appliability of Article 12 of the Constitution of India in so far as it relates to respondent The Jammu and Kashmir Bank Ltd., viz, as to whether it is "State" or "other authority" as contemplated under Article 12 of the Constitution of India, and thus amenable to the writ jurisdiction of this court in terms of Article 226 of the Constitution of India.

2. A Division Bench of this Court comprising of the Hon™ble Chief Justice Dr. A.S. Anand, Acting Chief Justice (as his lordship then was) and Hon™ble Mr. Justice M.L. Bhat (as he then was) in LJPA (Writ) No. 34/1984 Jagdish Chander Gupta Vs. J&K Bank & Ors. held that the Jammu and Kashmir Bank Ltd. (Bank for short) is not an agency or instrumentality of the State Govt. and would not be therefore, termed as "an authority" for the purposes of Article 12 of the Constitution of India. It is this judgement of Division Bench which is sought to be reconsidered by this Full Bench, as in evident from a perusal of the order dated 2.11.1992 passed by a Full Bench of this court, to which a reference was made by the Hon™ble Chief J





















































































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