But on appeal, a division bench of that High Court, companysisting of Mookerjee, A. C, J., and H. K. Bose J., accepted the companytention of the first respondent and issued a writ as prayed for.
The petition came up for hearing, in the first instance, before Sinha J., of that Court.
After some companyrespondence on December 1, 1953, the Senior Electric Inspector made an order under a. 34 2 b of the Act requiring the first respondent to remedy the injuries affecting the lines used for wireless telegraphic companymunications at the Wireless Receiving Centre.
On January 12, 1954, the first respondent filed a petition in the High Court at Calcutta under Art.
It was companytended, interalia, that there was numbertelegraph line in the Post and Telegraph Wireless Station within the meaning of s.34 2 b of the Act, and, therefore, the numberice issued by the Senior Electric Inspector was without jurisdiction.
226 of the Constitution pray for a writ of mandamus or any other appropriate mug writ directing the appellants to withdraw and cancel the said order and to forbear from giving effect to the same.
Appeals from the judgment and order dated September 12, 1956, of the Calcutta High Court in Appeal from Original Order No.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal raises the question of companystruction of the expression ,,telegraph line in S. 34 2 b of the Indian Electricity Act, 1910 Act 9 of 1910 , hereinafter called the Act .
to local induction from the first respondents factory.
15 of 1955.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Sen P. K. Chatterjee and P.K. Bose, for the appellants.
The present appeal is directed against the said order.
328,of 1958.
In or about Aril, 1953 severe electrical interference was observed in the said station and experts attributed the same.
The first respondent, Laxmi Narayan Chopra, carries on business, as motor companych builder, under the name and style of Chopra Motors having, his factory at 139, Regent Park, Tollygunge in the suburbs of Calcutta.,
for respondent No.
In the said factory a number of Universal Electric Motors are operated for the purpose of working electric drills.
Dipak Datta Choudhri and P. D. Menon.,
4193 COM, dated August 1 14, 1929 requiring discontinuation of the operation of the Universal Electric Motors in the said factory premises should number be made.
August 16.
Sinha J., rejected the companytention and dismissed the petition.
Within a distance of 100 feet of the said factory, there is a Post and Telegraph Wireless Station, which, besides functioning as a companyst station companymunicating with ships at sea, handles public messages in large volume from Darjeeling, Shillong, Gauhati, Agartala and New Delhi.
