Judgement

HEGDE, J.: The only question that falls for decision in this appeal is whether on the basis of the notice issued by the Bombay State Electricity Board on January 8, 1959 under S. 7 of the Indian Electricity Act, 1910 (to be hereinafter referred to as the Act) prior to its amendment in 1959, the appellant can compulsorily purchase from the respondent his concern " The Bilimora Electric Power Supply Co. In his application before the High Court under Art. 226 of the Constitution the respondent challenged the vires of S. 7 of the Act. But that contention remains to be examined. The High Court has chosen to allow the petition solely on the ground that as the requirements of S. 7 have not been complied with, the appellant cannot compel the respondent to sell the undertaking. If we come to the conclusion that that conclusion is unsustainable then the matter will have to go back to the High Court for deciding the constitutionality of S. 7.

2. The respondent was given a licence on February 11, 1932, under the provisions of the Baroda Electricity Act Samvat 1983 for supplying electricity within the area mentioned in the licence. Clause 27 of that licence provided that the option of