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1974 Supreme(Cal) 116

SABYASACHI MUKHARJEE, SANKAR PRASAD MITRA
JABBALPORE ELECTRIC SUPPLY CO. LTD. – Appellant
Versus
MADHYA PRADESH ELECTRICITY BOARD – Respondent


Advocates Appeared:
B.DAS, Biswarup Gupta, P.K.Sen, R.C.DE, SIBAJI SEN, SUBRATA ROY CHAUDHURI, SURIT ROY CHAUDHURY

SANKAR PRASAD MITRA, C. J.

( 1 ) THIS is an appeal from the judgment of P. K. Banerjee, J. , delivered on May 9, 1972, on an application of the appellant under Article 226 of the Constitution challenging certain orders of the Madhya Pradesh Electricity Board. The learned Judge has dismissed the application so far as the main prayers are concerned but has made the rule absolute with respect to a portion of the order/ notice of the respondent No. 1 dated the 29lh February, 1968, to the appellant for permanent closing down of the appellant's controlled station. By this order/notice the appellant was intimated that the respondent No. 1 would take over and purchase the Jubbalpore Generating Station along with lands, buildings and structures pertaining to the said generating station and its premises "including associated office buildings, store buildings, workshops etc. " The Learned Judge has struck down the words "including associated office buildings, Store Buildings, Workshop etc. " There is no cross appeal against this order and we have to proceed on the footing that by the order/notice of the 29th February 1968, the respondent No. 1 purported to take over and purchase the Jubbalpo









































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