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1950 Supreme(Pat) 143

LAKSHMIKANTA JHA, REUBEN
Bukhtiarpur Bihar Light Railway Co. Ltd. – Appellant
Versus
District Board – Respondent


Judgment

Lakshmikanta Jha, J.

1. There are two applications before us; one of them is under Article 133, and the other under Article 132 of the Constitution. Both of them arise out of the same order, and we are asked to certify that the case involves a substantial question of law as to the interpretation of the Constitution, or, at any rate, it is a fit case for appeal to the Supreme Court within the meaning of Article 133, Clause (i) (c).

2. The petitioner is a public limited liability company and owns an undertaking known as the Bukhtiarpur-Bihar Light Railway, hereinafter to be referred to as the "Light Railway". The opposite party No. 1 is the District Board of Patna and the opposite party no. 2 is the Chairman of the District Board.

3. The facts giving rise to the present applications are shortly these; The Light Railway was established about the year 1901 under the provisions of the Bengal Tramways Act, 1883 (Act III [3] of 1883) and under an agreement dated 21-8-1901 between the promoters of the Company and the District Board of Patna the latter had a right of purchasing the Light Railway, subject to certain conditions, in accordance with the provisions of Sec. 41 of the Act.








































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