CHAMBA VALLEY TRANSPORT LTD Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
CHAMBA VALLEY TRANSPORT LTD.
STATE OF HIMACHAL PRADESH
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(1.) This is an application under Article 226 of the Constitution of India by the Chamba Valley Transport Limited for enforcement against the respondent, the State of Himachal Pradesh, of the fundamental right to carry on business guaranteed by Article 19 (g).
(2.) The Company came into being before the inauguration of Himachal Pradesh under an agreement with the former Hill State of Chamba, and was plying transport vehicles on hire between Chamba and Bannikhet on 5-year permits, which were to expire on 31-7-1952, until stopped from doing so on and from 30-9-1949 by a notice, dated 10-9-1949, from the Deputy Commissioner of Chamba prohibiting the Company from running the motor service because the administration had decided to nationalise transport in the State.
(3.) It will be noticed that the Company carried on its business for about a year and a half after the integration of the Hill States into Himachal Pradesh before it was stopped by the respondent. The respondent was a shareholder in the Company and had two persons, the Deputy Commissioner of Chamba and one Mehta Autar Chand, as its nominees on the directorate of the Company. After stoppage of their business, and in response to an offer contained in the said notice, the petitioner Company sold their stock-in-trade to the respondent, and, at a cost of over a lac of rupees, the latter nationalised transport in the State and began to run vehicles of their own. After several unsuccessful demands, the last dated 8-11-1950, when representatives of the Company are alleged to have waited on the Development Secretary, the present petition was filed on 1- 12-1950.;
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