B.R.James, J. - (1.) The Mirzapur Electric Supply Co. Ltd., (hereinafter referred to as the licencee) has since 1929 held a licence for the supply of electrical energy in Mirzapur. The petitioner, Babu Halwai, manufactures utensils, and for this purpose employs an electric motor of 13 h. p. For twenty years he has been taking energy from the licencee for running this motor and paying for it according to authorised rates, which until recently were calculated on the basis of the amount of energy actually consumed. In 1944 the licencee, with the consent of the Government, introduced an extra charge termed the "War Cost Surcharge" amounting to 15 per cent, of the prevailing rates. Then in 1954 it made an application to the State Government for the approval of an amendment of Clause 2(b) of the Fourth Annexure (which deals with maximum charges) of its licence so as to permit it to levy a minimum charge of Rs. 5/- per b. h. p. per month of connected load in respect of consumers of power. On receipt of the application the U. P. Government adopted the procedure prescribed by Rule 24 of the Electricity Rales. The petitioner preferred no objection to the proposed levy. The Government then issued the following Notification dated 25-6-1955: "In exercise of the powers conferred by Clause (b) of Sub-section (3) of Section 4 of the Indian Electricity Act, 1910 (Act IX of 1910), the Governor is pleased to sanction the following amendments in the Fourth Annexure to the Mirzapur Electric Licence, 1929, published under Notification No. 1601-E1/26/1920 dated 24-8-1920. AMENDMENT Clause 2(b) shall now read as follows: For power and purposes other than those specified in 2(a) at the rate of annas four per unit. This rate shall, however, only apply to energy consumed between the hours of 1 a. m. and 5 p. m. For energy used between the hours of 5 p. m. and 1 a. m. Clause 2(a) will apply. A minimum charge of Rs. 5/- per month per b. h. p. of connected load exclusive of meter rent will be made." By virtue of this Notification the licencee demanded from the petitioner a minimum charge of Us. 6o/- per mensem for his 13 h. p. motor, i.e., at the rate of Rs. 5/- per h. p. irrespective of the fact that in a particular month the petitioner may not use the motor at all or consume energy costing less than Rs. 65/-.
(2.) The petitioner has now come up to this Court under Arts. 226 and 227 of the Constitution and prays for the issue of an appropriate writ or Order (1) quashing that part of the aforequoted Notification which imposes a minimum charge of Rs. 5/- p. m. per b. h. p. (2) restraining the licencee from charging him the "War Cost Surcharge," and (3) restraining it from charging him the minimum rate of Rs. 65/- per month, and the contention is that the Notification and the charges in question contravene the law.
(3.) The petition has been contested by both the licencee and the State Government, and coun-ter-affidavits have been filed on behalf of the former by its Resident Engineer and on behalf of the latter by its Assistant Electric Inspector.;