V. BHARGAVA, C. A. VAIDIALINGAM, J. M. SHELAT, K. N. WANCHOO, S. M. SIKRI
Maharashtra State Electricity Board – Appellant
Versus
Kalyan Borough Municipality Dattatraya Pandurang Pimpale – Respondent
Judgement
VAIDIALINGAM, J.:- These two appeals, by certificate, are directed against the common judgment of the Bombay High Court, rendered in Special Civil Applications, Nos. 1570 and 1571 of 1962.
2. The circumstances, under which the two writ petitions were filed, by the respondent, in each of these two appeals may be briefly stated. Till January 14, 1959, a company called the Kalyan Electricity Company (Private) Ltd., held a licence for supplying electrical energy to the town of Kalyan and the surrounding areas. The licence of the said company was revoked by the Government of Maharashtra, and, on option being given to purchase the undertaking of the said company, the appellant purchased the same, on January 15, 1959. The appellant, hereinafter to be referred to as the Board, continued to supply electrical energy to the residents of Kalyan, according to the rates prescribed by the former Kalyan licensee, pending notification of its standard rates of supply. In March 1962, a public notice was given by the Board, to effect that in the Western Maharashtra area (which includes Kalyan) revised tariff would be applicable from the first day of the month next following the month in which
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