RAMESHWAR SINGH MALIK, J.

The short but important question of law that falls for consideration of this court in the instant writ petition is, whether the civil court jurisdiction under Section 145 of the Electricity Act, 2003 (for short the Act) for determining any issue arising under Section 56 of the Act is barred or it would be restricted only qua the issues arising out of any order passed under Sections 126 and 127 of the Act.

Facts first. The present writ petition is directed against the order dated 3.12.2012 (Annexure P-1), passed by the learned Civil Judge (S.D.) Naraingarh, whereby the learned Civil Judge issued direction to the petitioner to restore the electric connection, subject to deposit of an amount of 40% of bill amount by the plaintiff within 15 days. The impugned order came to be passed by the learned Civil Judge in an application filed under Order 39 Rules 1 and 2 read with Section 151 CPC in the suit for declaration. The suit was filed by the present respondent challenging the action of the petitioner, disconnecting his electric supply in alleged default of payment of electricity charges. The respondent alleged that the electricity bill (Annexure P-2) raised by the petitioner was inflated and faulty, thus, illegal. He also challenged the order (Annexure P-3) disconnecting his electric supply. Details in this regard find mentioned in the plaint (Annexure P-4). Petitioner filed its written statement (Annexure P-5), wherein it did not raise the issue of jurisdiction, as such. It is pertinent to note here that respondent, as per his allegations levelled in the plaint (Annexure P-4), had been consuming electricity for domestic purposes and the electric bill raised was for Rs. 79745/- on account of alleged arrears. In this factual background of the matter, the present writ petition has been filed.

While raising his solitary argument, learned counsel for the petitioner submits that the impugned interim order dated 3.12.2012 (Annexure P-1), passed in an application under Order 39 Rules 1 and 2 read with Section 151 CPC in a suit for declaration, filed by the respondent was without jurisdiction, because the jurisdiction of the civil court was barred under Section 145 of the Act. He further submits that since the learned civil court had no jurisdiction to entertain the suit itself, it had no jurisdiction to pass the impugned order, as well. In this regard, he refers to Section 56 of the Act, so as to submit that respondent should have gone before the Consumer Grievance Redressal Forum established under Section 42(5) of the Act. He prays for setting aside the impugned order by allowing the present writ petition. To substantiate his arguments, learned counsel for the petitioner relies upon the judgments of the Hon'ble Supreme Court in Maharashtra Electricity Regulatory Commission vs. Reliance Energy Limited and Others, (2007) 8 SCC 381, Haryana State Electricity Board vs. Mam Chand, 2006 (4) SCC 649, Accounts Officers, Jharkhand State Electricity Board and Others vs. Anwar Ali, 2007 (11) SCC 753 and a judgment of Delhi High Court in Dheeraj Singh vs. B.S.E.S. Yamuna Power Limited, 127 (2006) DLT 525.

Having heard the learned counsel for the petitioner at considerable length, after careful perusal of the record of the case and giving thoughtful consideration to the contentions raised, this court is of the considered opinion that present one is a misconceived writ petition, wherein no interference is warranted at the hands of this court, while exercising its writ jurisdiction under Articles 226 and 227 of the Constitution of India. To say so, reasons are more than one, which are being recorded hereinafter.

Since the issue herein is of the jurisdiction of the civil court, it is appropriate to reproduce Section 145 of the Act and the same 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