A.N.RAY, K.K.MATHEW
Godhra Electricity Company LTD. – Appellant
Versus
State Of Gujarat – Respondent
Judgment
MATHEW, J.:- The appellants filed a writ petition before the High Court of Gujarat challenging the validity of a notice issued by the Gujarat State Electricity Board, respondent No. 2 dated November 8, 1971, whereby respondent No. 2 purported to exercise the option of purchasing the electrical undertaking of appellant No. 1 under Section 6 of the Indian Electricity Act, 1910 (hereinafter referred to as the Act ) and for a declaration that the provisions of Sections 6, 7 and 7-A of the Act are ultra vires Articles 14, 19(1) (f), 19 (1) (g) and 31 of the Constitution. The High Court dismissed the petition and this appeal by certificate, is against that judgment.
2. The Government of the Province of Bombay granted a licence by notification dated November 16, 1922, under Section 3 of the Act known as the Godhra Electric Licence, 1922 in favour of Lady Sulochana Chinubhai and Company, Ahmedabad The licence was signed on November 17, 1922 and the notification granting it was published in the Bombay Government Gazette dated November 23, 1922. The licence was transferred to the 1st appellant-company viz., the Godhra Electricity Co. Ltd. The licence was for a period of 50 years i
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