JUDGMENT

S.N. Variava, J.-This Civil Appeal is against the Judgment dated 11th January, 1989 delivered by a Division Bench of the Calcutta High Court. By this Judgment the Division Bench dismissed the Appeal filed by the Appellant against a Judgment of a learned single Judge of the Calcutta High Court which upheld the challenge of the 1st Respondent to Ordinances and Amendment Act set out hereinafter.

2. Briefly stated the facts are as follows :

On 6th February, 1925 the Government of Uttar Pradesh granted to one M/s. Martin & Co. a licence for supply of electric energy. This licence was subsequently transferred to the 1st Respondent. One of the terms of the licence was that at the end of the licence period the Government had a right to purchase the undertaking. The licence was for a period of 50 years. The 50 years period would thus end on 5th February, 1975. On February 1, 1974 the Appellant served a notice on the 1st Respondent, under Section 6(1) of the Indian Electricity Act 1910 (hereinafter called the said Act). By this the Appellants called upon the 1st Respondent to sell the undertaking to the Appellant on the expiry of the period of 50 years from the commencement of the lice