VENKATACHALA, J. - (1.) This appeal by special leave is directed against the Judgment and order dated 26-4-1982 of the High Court of Allahabad by which Civil Misc. Writ Petition No. 12220 of 1975 filed by the petitioner therein, the appellant here, was dismissed.
(2.) The appellant was a registered partnership firm. On 10-10-1935 the Municipal Board of Aligarh, respondent-1 granted to the appellant, acting in accordance with the provisions of Section 224 and Section 224-A of the U. P. Municipalities Act, 1916 - "the Act", 'Aligarh water Supply Licence, 1935' - "the Licence" for providing water supply to certain areas of Aligarh by taking over the then existing water works of respondent-1, subject to the condition of paying to respondent-1 annual fee of Rs. 10,000/- and of fulfilling other conditions of the Licence, Condition 7 of those conditions which related to the period of licence, read thus: "7. This licence shall remain in force for a period of 50 years from its commencement. On the expiry of the said period of 50 years the board may at its option either renew this licence for another period of 50 years and on the same terms and conditions, or if the board and the licensees agree, for a different term and on different conditions, or may take over the whole water works on payment of the fair value of the properties belonging to the licensees to be determined in the manner laid down in Section 224-C of the United Provinces Municipalities Act."
(3.) But , the appellant since found it difficult to provide water supply for areas of Aligarh as was required of it under the Licence even during the basic period of 50 years of the Licence, it requested respondent-1 to revoke the licence by having recourse to Section 224 -B (2) (a) of the Act, so as to enable the latter to purchase the water works as provided for under the succeeding Section 224-C of the Act.;