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1954 Supreme(SC) 22

B. K. MUKHERJEE, VIVIAN BOSE, S. R. DASS, GHULAM HASAN, M. C. MAHAJAN
Rajahmundry Electric Supply Corporation LTD. – Appellant
Versus
State Of A. P. – Respondent


Advocates:
M.K.NAMBIYAR, M.S.K.AIYANGAR, M.SESHACHALAPATHY, PARAS A.MEHTA, R.H.Dhebar, U.Sethumadhava Rao, V.K.T.Chari, V.V.RAGHAVAN

Judgment

DAS, J. : This is an appeal arising out of a judgment delivered on 27-4-1951 by a Bench of the Madras High Court in C. M. P. No. 4697 of 1951 filed under Art. 226 of the Constitution for the issue of a writ of Certiorari" or other appropriate writ to call for the records and quash the order of the Government passed under S. 4(1) of the Madras Act 43 of 1949 declaring the undertaking of the appellant company to vest in the Government.

2. The appellant company was formed and registered under the Indian Companies Act in 1924 with the object, inter alia , of generating and supplying electrical energy to the public in Rajahmundry. In 1949 the Madras Legislature passed the Madras Electricity Supply Undertakings (Acquisition) Act, 1949. The Act received the assent of the Governor-General on 18-1-1950 and was published in the Official Gazette on 24-1-1950. Upon the Constitution of India coming into force on 26-1-1950 the Act was submitted to the President for his certification and on 12-4-1950 the President certified that the Act should not be called in question in any Court on the ground that it contravened the provisions of Cl. (2) of Art. 31 or it contravened the provisions of
























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