Barin Ghosh, C.J.— (Oral)

In the writ petition filed by the appellants, it was contended by the appellants that respondent J & K Bank had certain statutory obligations under the Securitization Act and the Rules framed thereunder. It was contended that respondent J & K Bank did not discharge its such obligations and, accordingly, the actions complained of, being contrary to the statutory mandate of law, are non est. Respondent Bank contended that it is not an ‘other authority’ within the meaning of Article 12 of the Constitution of India and, accordingly, while fundamental rights are not enforceable against it, no writ is also maintainable against it. In support of the said contention, a judgment of the Hon’ble Jammu & Kashmir High Court, rendered in the case of Firdous Ahmad Tanki and others Vs. The J & K Bank Ltd. and others reported in 2006(1) S.L.J. Page 1 was cited. Accepting the finding recorded in the said judgment, by the judgment and order under appeal, the writ petition has been dismissed on the ground that respondent J & K Bank is not amenable to writ jurisdiction under Article 226 of the Constitution of India since it is not an authority or instrumentality of the State wi

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