M.M.Dutt, J. - (1.) The appellant, the Bihar Slate Electricity Board has, in this appeal, challenged the propriety of the judgment of Sabyasachi Mukharji, J. whereby the learned Judge made the Rule Nisi issued on the application under Article 226 of the Constitution of the respondents Nos. 1 and 2, the Patna Electric Supply Company and one of its directors, absolute.
(2.) On Feb. 6, 1924, a licence was granted by the Government of Bihar to Octaviua Steel & Co. Ltd. for the supply of electrical energy. The laid licence was transferred in favour of the respondent No. 1, the Patna Electric Supply Co. Ltd. On Jan. 5, 1973, the Bihar State Electricity Board served a notice upon the company under Sub-section (1) of Section 6 of the Electricity Act, 1910 (hereinafter referred to as the Act), requiring the company to sell the undertaking to the Bihar State Electricity Board on the expiry of the period of 50 years from the commencement of the licence, that is, at 12 O'clock in the night between the 5th and 6th Feb., 1974 and further to deliver possession of the undertaking on the expiration of the above period of 50 years pending the determination and payment of the purchase price.
(3.) At this stage, it is necessary to refer to some of the provisions of the Act and the amendments made thereto in order to appreciate the respective cases of the parties.;