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Orissa High CourtWP(C)/25745/2022dismissed

Sitalamata Yubak Sangha v. The Chief Manager, P.N.B.Bank, New Delhi

2022-09-30Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.25745 OF 2022 Sitalamata Yubak Sangha and others ....

Petitioner(s) Mr.S.Dash,Adv.

-versusChief Manager, P.N.B. Bank , New Delhi & others ....

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

02.11.2022 02.

1.

Heard learned counsel for the Parties.

2.

The Writ Petition involves the following prayer:- "In the facts and under the circumstances stated above, the Hon'ble Court would graciously be pleased to issue; a) Issue Rule Nisi;

b) A writ of and/or in the nature of Certiorari do issue calling upon the opp. Parties to show cause as to why the decision of the Opp. Party Bank to shift the Branch should not be set aside, further why the Opp. Party Bank Branch should be shifted to a separate Gram Panchayat c) In case of failure to show cause, make the rule absolute, the Opp. Parties thereby may be directed not to shift the Branch from the Daruha in District of Baleswar.

d) Issue any appropriate order/orders deemed fit in the fact and circumstances of the case.

And for which act of your kindness, the petitioner shall remain ever pray as in duty bound."

3.

The writ Petition has been taken up for admission after being restored and with the consent of the learned counsel for the Petitioners. Considering the innocuous prayer and as this Court finds,

// 2 // looking to the grievance of the Petitioner involved a decision on the issue is desired to be taken up by the Chief Manager, P.N.B. Bank, New Delhi- Opposite Party No.1, the Writ Petition may not be entertainable at this stage.

4.

It is at this stage of the matter this Court finds, Petitioners have also support through the RBI Master Circular bearing No. RBI/2004/221 dated 21.05.2004. Considering the constraint likely to be pressed by the user of the Bank involved an early attention is required to be given on such issue. This Court observes if the branch of the bank is not shifted, let there be a decision by Opposite Party No.1 taking into account the request of the Petitioners involved herein at an early date preferably within a period of one month however also keeping in view the RBI Master Circular referred herein. 5.

Learned counsel for the Petitioner is directed to serve the copy of this order along with copy of the Writ Petition to the Opposite Party No.1 at least within four working days. (Biswanath Rath) Judge Swarna