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1959 Supreme(SC) 201

K. SUBBA RAO, P. B. GAJENDRAGADKAR, J. C. SHAH, B. P. SINHA, K. C. DAS GUPTA
Okara Electric Supply Company LTD. – Appellant
Versus
State Of Punjab – Respondent


Advocates:
D.GUTPA, GANPAT RAI, N.S.BINDRA, S.K.KAPOOR, S.M.Sikri, Veda Vyasa

Judgement

GAJENDRAGADKAR, J. : The Okara Electric Supply Co. Ltd., which is a Joint Stock Company and Shrimati V. V. Oberoi, one of the principal shareholders of the said company (hereinafter called petitioners 1 and 2 respectively) have filed the present petition against the State of Punjab and the Punjab State Electricity Board (hereinafter called respondents 1 and 2 respectively) in which they have claimed a writ, order or direction in respect of a notice issued by respondent 1 on January 3, 1958. The petition was presented on January 3, 1959, and it claimed an order or writ restraining the respondents from giving effect to the said notice. It appears that on January 4, 1959, in pursuance of the said impugned notice the respondents took possession of the petitioners property in question, and so, by an order passed by the learned Chamber Judge the petitioners were allowed to make an additional claim for a writ or order or direction in the nature of mandamus directing the respondents to hand over to the petitioners the said property in question. This petition is made on the ground that the impugned notice and action taken by the respondents in pursuance of it are illegal and unaut





































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