STATE BANK OF INDIA Vs. THIMMYYA AND STATE OF KARNATAKA

JUDGEMENT

(1.) These Writ appeals by State Bank of India are directed against the order of a learned Single Judge dated 13.02.2013 (reported in ILR 2013 KAR 1037 Thimmyya v. State Bank of India) whereby the learned Single Judge has allowed the writ petitions filed by respondent no.1 by holding that Section 22A of the Legal Services Authorities Act, 1987 ('the Act') does not confer any power on the State Government to declare the service provided by Banking and Financial Institutions in the State to be a public utility service for purposes of chapter VIA of the Act and consequently has rejected the application filed by the appellant before the permanent Lok Adalat, Gulbarga under S.22C of the Act for recovery of Rs.1,29,065/- & interest etc. from respondent No.1 and another.

(2.) The learned Single Judge has held that the Government which controls the service only is empowered under S.22A of the Act to declare that service as a public utility service. The correctness of the said view is challenged by State Bank of India in these appeals. It is relevant to refer to the reasoning of the learned Single Judge in taking the aforesaid view:

(3.) Before proceeding to examine the matter, it is necessary to refer to S.22A of the Act, which reads as follows: