Judgement

SHELAT, J. :- On August 17, 1934 the Governor-in-Council of the then United Provinces, in exercise of powers under Section 3(1)of the Indian Electricity Act, IX of 1910 issued three licences to M/s. Alopi Parshad and Sons Ltd., for the supply of electrical energy within the tahsil areas of Firozabad in the district of Agra, Shikohabad in the district of Mainpuri and Etawah in the district of Etawah. The licences inter alla provided that the licensee would be supplied electrical energy in bulk by the Public Works Department, U. P. and the licensee in its turn should transmit the same on their own high tension mains within the areas of the licences. The licences also provided that the responsibility for the maintenance of supply of electrical energy in the licensee s plant shall be borne entirely by the Public Works Department and thereafter by the licensee. In 1937 the licences were assigned by the said M/s. Alopi Parshad and Sons Ltd., to the petitioner company with the consent of the Government. The petitioner company has since then been supplying under the said licences electricity to consumers within the said areas of the licences. It is an admitted positional that thou