Judgment

SUBBA RAO, J. : This appeal by special leave is against the Judgment and Order dated November15, 1960, of the High Court of Judicature at Calcutta dismissing the petition filed by the appellant under Art. 226 of the Constitution, and it raises the constitutional validity of the Oriental Gas Company Act, 1960, (W. B. Act XV of l960), hereinafter called the "impugned Act".

2. The facts that have given rise to this appeal may, be briefly stated. The Oriental Gas Company was originally, consituated by a deed of settlement dated April 25, 1853, by the name of the Oriental Gas Company, and it was subsequently registered in England under the provisions of the English Joint Stock Companies Act,1862. By Act V of 1857 passed by the Legislative Council of India, it was empowered to lay pipes in Calcutta and its suburbs and to excavate the streets for the said purpose. By Acts of the Legislative Council of India passed from time to time special powers were conferred on the said Company. In 1946 Messrs. Soorujmul Nagarmull, a firm carrying on business in India, purchased 98 per cent of the shares of the said Oriental Gas Company Limited. The said firm floated a limited liability Company