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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh
Yogender Sagar – Appellant
Versus
Bses Ypl – Respondent
ORDER :
CM APPL. 59/2025
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P. (C) 23/2025
3. This writ petition has been preferred on behalf of the Petitioner challenging the alleged excess bill for Rs.13,56,198/- issued by BSES YPL/Respondents in respect of Enforcement of CAW No. 401660111 dated 20.09.2024. Petitioner also claims compensation and litigation expenses as well as a direction to the Respondents to reconnect the electricity connection which was disconnected on 15.11.2024.
4. Learned counsel appearing on behalf of the Respondents on advance copy of the writ petition, on instructions, submits that the electricity of the premises in question bearing No. D-116, Gali No. 5, Kamal Vihar, Delhi- 110094 has been disconnected as there are outstanding dues payable by the Petitioner in the sum of Rs.13,56,198/- and as the bill reflects Petitioner has indulged in meter tampering leading to fraudulent and dishonest abstraction of energy. Learned counsel raises an objection to the maintainability of the writ petition on the ground that only the Special Court constituted under Section 153 of the Electricity Act, 2003 (‘2003 Act’) is vested with the power und
The High Court cannot adjudicate on writ petitions involving disputed questions of fact, especially when jurisdiction is conferred on Special Courts under the Electricity Act, 2003.
Section 135 of 2003 Act deals with an offence of theft of electricity and penalty that can be imposed for such theft. This squarely falls within dimensions of criminal jurisprudence and mens rea is o....
The Court ruled that cases of alleged electricity theft fall under Section 135 rather than Section 126 of the Electricity Act, stressing the importance of jurisdiction in disputed factual matters.
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
The determination of civil liability under Section 154 (5) of the Electricity Act is independent of the criminal proceeding and should be dealt with separately by the Special Court.
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