Hon’ble Sudhir Agarwal, J.—Heard Sri Mahboob Ahmad, Advocate, for petitioner and Sri B.C. Rai, Advocate, for respondents.

2. This writ petition under Article 226 of the Constitution of India has come up at the instance of Executive Engineer, Electricity Urban Distribution Division, Bamrauli, Allahabad (hereinafter referred to as the “petitioner”), aggrieved by order dated 8.10.2013 (Annexure 7 to the writ petition) passed by “Electricity Ombudsman” (hereinafter referred to as the “Ombudsman”), on a complaint made by Principal, Civil Aviation Training College, Bamrauli, Allahabad (hereinafter referred to as the “Aviation College”) challenging demand/levy of charges under the head “Protective Load”, since 1.12.2004 to 30.4.2012, and, for refund of the amount paid under the aforesaid head, for the month of May’ 2012, and, onwards.

3. The Aviation College is a part of Civil Aviation Department of Government of India. A Communication Training Center was earlier established at Saharanpur wherefrom it was shifted to Allahabad on 16.8.1948. The aforesaid Center started to give Flying and Communication Training which was subsequently added with the training of Air Traffic Controllers and Technical Officers of Civil Aviation Department. Later on Civil Aviation Training Center became part and parcel of National Airports Authority of India which is now renamed as Airports Authority of India. The title of College was also changed to “Civil Aviation Training College” in the year 1990. Therefore, presently the “Aviation College” is part and parcel of Airports Authority of India and its main objective is to fulfill training needs of the Authority.

4. Besides the Training College, it has incidental infrastructures, like, domestic and residential colonies, situate in the College campus as well as in its vicinity. For domestic and residential colony, there is an electricity supply connection No. SC1021/BS. A bulk energy agreement was executed between Aviation College and Purvanchal Vidyut Vitran Nigam Limited (hereinafter referred to as the “PVVNL”), a Distribution Licensee of electricity in eastern U.P. which has its area of operation at Allahabad also, through its Executive Engineer, i.e. the petitioner. The aforesaid agreement was executed for supply of electricity to domestic/ residential colony of Aviation College. An 11 K.V. Sub-station was established by PVVNL, the Distribution Licensee, on the land given by Aviation Department, on lease. This Sub-station was established long before constitution of PVVNL, i.e., during the period of erstwhile body of electricity distribution and supply, i.e., U.P. State Electricity Board, a statutory body constituted under Section 5 of The Electricity (Supply) Act, 1948 (hereinafter referred to as “Act, 1948”).

5. The PVVNL charged electricity dues as per the tariff approved by U.P. Electricity Regulatory Commission (hereinafter referred to as “UPERC”) in accordance with the provisions of Electricity Act, 2003 (hereinafter referred to as “Act, 2003”).

6. It is said that Distribution Licensee did not issue bill demanding “Protective Load” charges from Aviation College but when the audit team raised objection, such a bill was raised as per rates prescribed in Tariff Order. A letter dated 30.8.2012 was issued by Executive Engineer raising a demand of Rs. 9,47,340/- towards “Protective Load” charge from 1.12.2004 and onwards, whereagainst Aviation College filed an objection, vide letter dated 21.9.2012.

7. Accepting said objection, vide letter dated 8.10.2012 demand was modified partly and “Protective Load” charge from 1.12.2004 to 30.4.2012 was withdrawn. The Aviation College was required to pay only the balance amount. Another objection was filed by Aviation College on 18.10.2012 which remained un-replied and unattended. The balance alongwith surcharge was included in subsequent bills, issued to Aviation college whereagainst it made a complaint to Superintendent Engineer, PVVNL, Allahabad.

8. Thereaf