- (1.) THIS application for a rule nisi is directed against the Calcutta Tramways (Amendment) Ordinance, 1967. By this Ordinance section 9 of the Calcutta tramways Act, 1880, was amended by substituting therein the words "shall have power with the previous consent of the State Government", to fix or revise" for the words "shall have power from time to time to fix. "
(2.) THE petitioner's case is that by virtue of the Calcutta Tramways Act, 1880, and clause 9 of the Agreement dated October 2, 1879, the petitioner had the power from time to time to fix the rates of fares for carrying passangers and goods in tram cars and carriages. It is alleged that in the beginning of 1967 it became necessary in consequence of increase in costs to revise the rates of fares so as to increase the total traffic receipts. Accordingly a notice was published in daily newspapers on March 23, 1967, informing the public of the petitioner's intention to charge revised fares from March 24, 1967.
(3.) ON March 23, 1967 an application was moved before this court under article 226 of the Constitution a rule was issued as also an interim order restraining the petitioner from giving effect to the revised new schedule of fares until April 10, 1967 with liberty to the petitioner to apply for vacation of the interim order. On April 11, 1967 an order was made by this court extending the interim order till the disposal of the rule. An appeal was preferred against this order extending the injunction and the Court of Appeal directed expeditious hearing of the rule. Thereafter the rule came up for hearing before me on may 15, 1967, and while the hearing was continuing the impugned Ordinance was promulgated by the respondent.;