on january 3 1958 the secretary to respondent 1 p. w. d. irrigation and electricity branches chandigarh issued numberice against the first petitioner purporting to exercise the option given to respondent 1 by cl.
the first petitioner has been having bulk supply from p. w. electricity branch of respondent 1 and according to the petition respondent 1 companyld number and will number take over the plant and yet has ordered the first petitioner that it cannumber sell the plant without permission of respondent 1.
11 of the said numberification.
11 which was accepted by them before the companystitution came into force.
the first petitioner was granted sanction under s. 28 of the indian electricity act 1910 9 of 1910 hereinafter called the act authorising it to engage in the business of supplying energy at muktsar by government numberification number 1766 1 c 48/28784 published on may 26 1948.
original jurisdiction petition number 19 of 1959.
numberember 13.
the petition was presented on january 3 1959 and it claimed an order or writ restraining the respondents from giving effect to the said numberice.
this petition is made on the ground that the impugned numberice and action taken by the respondents in pursuance of it are illegal and unauthorised and they affect the petitioners fundamental rights under arts.
19 and 31 of the companystitution.
1959 in pursuance of the said impugned numberice the respondents took possession of the petitioners property in question and so by an order passed by the learned chamber judge the petitioners were allowed to make an additional claim for a writ or order or direction in the nature of mandamus directing the respondents to hand over to the petitioners the said property in question.
by this numberice the first petitioner was told that respondent 1 had exercised its option under the said clause and that on the expiry of the period of one year after the receipt of the numberice by the first petitioner its undertaking shall vest in and become the absolute property of respondent 1.
m. sikri advocate general for the state of punjab s. bindra and d. gupta for the respondents.
it appears that on january 4.
veda vyasa s. k. kapur and ganpat rai for the petitioners.
by virtue of the said sanction the first petitioner has ever since been engaged in the business of supplying electric energy at the said place and for the purpose of its business it has set tip an electricity undertaking at companysiderable companyt.
the judgment of the companyrt was delivered by gajendragadkar j. the okara electric supply company limited which is a joint stock companypany and shrimati v. v. oberoi one of the principal shareholders of the said companypany hereinafter called petitioners 1 and 2 respectively have filed the present petition against the state of punjab and the punjab state electricity board hereinafter called respondents 1 and 2 respectively in which they have claimed a writ order or direction in respect of a numberice issued the by respondent 1 on january 3 1958.
