SINHA, J. - (1.) THE petitioner in this case is Dr. Sudhir Chandra Neogi, Reader at the University College of Science and Technology, Department of Applied Chemistry. He says that ior the purpose of attending to his duties as a Reader, he has to travel daily by tram car, provided for by the respondent No. 1, the Calcutta Tramways Company Limited. The exact nature of his grievance in this petition is not very clear. Indeed, if we look at the prayers in the petition we find that what is prayed for is a Writ in the nature of Mandamus to be issued on the respondents, prohibiting them from charging and realising fares of 3 naye paise, 5 naye paise, 7 naye paise etc. and also prohibiting them from charging in excess of the legal fares on the basis of the new coins (under the decimal coinage system) 'inasmuch as they are not legal tenders in terms of, Sections 14(1), (2) and (3) of the Indian Coinage (Amendment) Act 1955, and the relevant notification of the Ministry of Finance, Government of India, and Appendix III and IV of the Conversion Tables issued by the Ministry of Finance'. The other relief that is asked for is for the issue of a Writ or order or direction in the nature of Prohibition prohibiting the respondents from realising in excess of the legal fares in terms of 3 naye paise, 5 naye paise, 7 naye paise etc. inasmuch as the increase is in contravention of the said Statute read with the said Notification.
(2.) THE facts in this case are as follows: The Calcutta Tramways Company Limited is a company incorporated with liability limited by shares, under the English Companies Act, having its registered office and carrying on business, in London, England. The respondent No. 2 is the Agent of the said Company and the respondent No. 3 is the Traffic Manager of the Company, having their offices at Calcutta. In order to discover how this Company came to be in charge o the Tramways in the city of Calcutta, we have to look at the Calcutta Tramways Act 1880 (Bengal Act I of 1880). In the preamble of the said Act, we find that in 1879 the Corporation of the town of Calcutta, by an agreement dated 2 -10 -1879 granted to the persons named therein, called 'grantees', the right to construct and maintain and use a tramway or tramways, in Calcutta, upon terms and conditions mentioned in the said agreement. It is further mentioned that inasmuch as the grantees were desirous of being empowered to construct the several street tramways etc., it was necessary to obtain the authority of the Legislature, and that is why the Statute came to be enacted, it is conceded that the powers in relation to tramways in the city of Calcutta are governed by this Act, read with the later Act which I shall mention presently, and it is not necessary for me to trace the devolution as to how the present grantees came to be the grantees under the said Acts,
(3.) UNDER the Calcutta Tramways Act, 1880 a provision was made for the grantees to fix the rate of fares for carrying passengers and goods, and the relevant Section is Section 9 which runs as follows; 'The grantees shall have power from time to time to fix the rates of fares for carrying passengers and goods in the said cars or carriages, and may demand and take the same for every passenger travelling upon any of their tramways, or for the carriage of goods by their tramways: Provided that the rate of fare for each person or parcel shall, fur any distance not exceeding three miles, not exceed three annas, and for any greater distance shall not exceed the same proportion'. ;