NOORULLA GHAZANFARULLA Vs. MUNICIPAL BOARD OF ALIGARH ALIGARH 2 STATE OF UTTAR PRADESH LUCKNOW 3 R N MATHUR OFFICER ON SPECIAL DUTY NAGAR PALIKA ALIGARH

JUDGEMENT

(1.) This appeal by special leave is directed against the Judgment and order dated 26-4-1982 of the High Court of Allahabad by which Civil Misc. Writ Petition No. 12220 of 1975 filed by the petitioner therein, the appellant here, was dismissed.

(2.) The appellant was a registered partnership firm. On 10-10-1935 the Municipal Board of Aligarh, respondent-1 granted to the appellant, acting in accordance with the provisions of Section 224 and Section 224-A of the U. P. Municipalities Act, 1916 - "the Act", 'Aligarh water Supply Licence, 1935' - "the Licence" for providing water supply to certain areas of Aligarh by taking over the then existing water works of respondent-1, subject to the condition of paying to respondent-1 annual fee of Rs. 10,000/- and of fulfilling other conditions of the Licence, Condition 7 of those conditions which related to the period of licence, read thus:

(3.) But , the appellant since found it difficult to provide water supply for areas of Aligarh as was required of it under the Licence even during the basic period of 50 years of the Licence, it requested respondent-1 to revoke the licence by having recourse to Section 224 -B (2) (a) of the Act, so as to enable the latter to purchase the water works as provided for under the succeeding Section 224-C of the Act.