Civil Courts lack jurisdiction over matters assessed by an assessing officer under the Electricity Act, 2003, as per Section 145.

ORDER :

REKHA BORANA, J.

1. The present revision petition has been listed in the category of ‘Oldest Cases for Early Disposal’.

2. The present revision petition has been filed against the order dated 07.01.2013 passed by the Civil Judge (Junior Division), Bar, District Pali in Civil Original Case No.12/2012 whereby the application under Order 7 Rule 11, CPC read with Section 145 of the Electricity Act, 2003 (hereinafter referred to as ‘the Act of 2003’) stood rejected.

3. The facts are that a suit for permanent and declaratory injunction was filed by the plaintiffs aggrieved of the electricity bill dated 01.03.2012 as raised by the defendant-Department.

4. It was prayed that the defendant-Department be restrained from making any recovery qua the electricity bill dated 01.03.2012 and further from disconnecting the electricity connection of the plaintiffs.

5. In the said suit, an application under Order 7 Rule 11, CPC r.w. Section 145 of the Act of 2003 was filed on behalf of the petitioners-defendants with a specific averment that the assessment in question was made by the Assessing Officer in terms of Section 126 of the Act of 2003. Section 145 of the Act of 2003 specifically bars the jurisdiction of a Civil Court in the matters wherein the assessment is made in terms of Section 126 of the Act of 2003. Therefore, it was submitted vide the said application that the suit in question was not maintainable before a Civil Court and the plaint be rejected.

6. The application as filed by the defendants stood rejected by the learned Trial Court while considering the provisions of Section 126 as well as Section 145 of the Act of 2003.

7. In the specific opinion of this Court, the finding as recorded by the learned Trial Court is totally in contravention to Section 145 of the Act of 2003 which reads as under:

“145. Civil court not to have jurisdiction.- No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in section 126 or an appellate authority referred to in section 127 or the adjudicating officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.”

8. Admittedly, the electricity bill in question was issued in pursuance to an assessment made by the Assessing Officer/competent authority for the unauthorised use of electricity, in terms of Section 126 of the Act of 2003. The Civil Court definitely had no jurisdiction to entertain the suit in question in terms of Section 145 of the Act of 2003.

9. In view of the above observation, the order impugned dated 07.01.2013 being totally contrary to the provision of Section 145 of the Act of 2003 deserves to be and is hereby quashed and set aside. The revision petition is hence, allowed

10. As a consequence, the plaint as preferred on behalf of the plaintiffs stands rejected.

11. Pending applications, if any, stand disposed of