The main legal point established in the judgment is that the issue of electricity theft falls within the jurisdiction of the Special Court constituted under the Electricity Act, 2003, and not the State Commission.

ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:

“A. YOUR Lordships may be pleased to quash and set aside order dated 10/08/2022 in petition no.1951/2021 passed by Gujarat Electricity Regulatory Commission;

B. Your LORDSHIPS may be pleased to direct the Gujarat Electricity Regulatory Commission to decide the petition no.1951/2021 of petitioner on merits and in accordance with law;

C. Pending hearing, admission and final hearing of the matter, YOUR LORDSHIPS stay the execution and implementation of an further be pleased;

D. Be pleased to pass any other other in the interest of justice;

2.1 It is the case of the petitioner that the petitioner is a consumer of the licensee Daksin Gujarat Vij Co.Ltd. having consumer number 06401 / 08776 / 5 and the rate tariff applicable is LTMD and sanctioned load is 74 KW.

2.2 On 17.07.2020, the respondent No.2 had carried out the inspection of the electric meter installed in premises and the petitioner and during the inspection, it was found that the meter was defective meter as the display of the meter was not indicating any parameters. Ultimately, the aforesaid meter was seized by the checking officer and was sent to laboratory for further testing.

2.3 Ultimately, respondent company issued bill dated 03.12.2020 for an amount of Rs.52,22,762.16 (Rupees Fifty Two Lakhs Twenty Two Thousand Seven Hundred Sixty Two and Sixteen Paise Only) as supplementary bill and Rs.7,93,566.00 towards compounding charges and the total amount to be paid by the petitioner is Rs.60,16,328.16 (Rupees Sixty Lakhs Sixteen Thousand Three Hundred Twenty Eight and Sixteen Paise Only) as the case of the petitioner was considered to be a case of ‘direct theft’.

2.4 Since the aforesaid order was passed without giving opportunity to the petitioner, petitioner preferred writ petition being Special Civil Application No.5026 of 2021 which was disposed of vide order dtd.19.03.2021 directing the Respondent No.2 to reconnect the electricity of the petitioner upon making payment of entire amount in 22 equal installments and ultimately electricity supply was reconnected in favour of the petitioner.

2.5 The aforesaid order of reconnection was passed by the coordinate Bench of this Court vide order dated 19.03.2021 in Special Civil Application No.5026 of 2021.

2.6 In the meantime, during the course of arguments, it was submitted by learned advocate Mr.Patel that the petitioner has already exhausted civil remedy by preferring civil suit challenging the action of the respondent authorities whereby electricity theft is lodged against the present petitioner.

2.7 The petitioner also preferred an application being No.1951 of 2021 before the Gujarat Electricity State Regulatory Commission, Gandhinagar (‘the Commission’, for short) on 03.02.2021.

2.8 In that petition before the Commission, in para:16, the petitioner prayed for following reliefs:

“A. That this Hon’ble Commission may be pleased to admit and allow this petition.

B. That this Honourable Commission may be pleased to institute an inquiry into the making out of false theft case on basis of mere imaginations and issuing of huge supplementary bills ignoring the provisions of the prevailing rules, regulations and the law.

C. Pending admission and or final disposal of this petition this Honourable Commission be pleased to recalculate the supplementary bill as a case of the defective meter. The license must be prevented from exploiting the consumers at large misusing the sections of the Electricity Act, 2003 and Honourable Commission may keep watch on the malicious activities of the respondent licensee that put consumers in grave trouble.

D. Pending admission and or final disposal of this petition this Honourable Commission be pleased to direct the respondent licensee to restore the connection on such terms and conditions that may be deemed fit and proper in the facts and circumstances of the case.

E. That this Hon’ble Com