M.L. Jain, J. - (1.) The facts are that the Darbar of Sirohi granted a licence on May 25, 1975, to M/s. Chandra Shekhar Yodha & Shivprasad P. Acharya having their registered office at Mehsana to run a power house and supply electric energy in Abu Road town under Sirohi State Electricity Act (the Indian Electricity Act of 1910 duly amended). Clause 38 of the licence also gave monopoly to them for manufacturing of ice during and throughout the subsistence of the said licence. It was also provided by clause 31 that after 30 years and on expiration of every subsequent period of ten years the Darbar or the Municipality may elect to purchase the undertaking on payment of a fair market value of all lands, buildings, works, materials and plant of the licensee suitable to, & used by them for the purpose of the undertaking including to the licensee which shall form part of the undertaking for the purposes of the purchase.
(2.) It appears that in pursuance of clause 30 of the Licensees floated a limited company for the undertaking, and the petitioners, namely, the Abu Road Electricity and Industries Company Ltd. was incorporated on 31 -5 -45 and the aforesaid licence was acquired by the said company. It is alleged that the State of Sirohi, (now the successor State of Rajasthan) held 25% shares of the Company and had two nominated members on its Board of Directors.
(3.) On 31st Match, 1948, the State of Sirohi granted a 'Patta' of a plot of land to M/s. Yodha and Company, Managing Agents of the Abu Road Electricity and Industries Company Limited for power house in pursuance of their application dated 25 -4 -1945 for grant of land for construction of the power house and the ice -factory. After the word 'ice factory', the patta contains one or two letters which it is not possible to decipher properly. The petitioners contend that this letter signifies "etc." and the patta was granted for power house, ice factory etc. The State charged a price for the land and the land was declared to be the property of the grantees and their successors. They were also allowed to alienate the same except to certain specified categories. The plot was 10 Bigha and 16 Biswas in size.;