Mr. Mahesh Grover, J. (Oral):- This appeal is directed against the judgment of the learned Single Judge dated 12.01.2017.

2. Respondent No.1 (hereinafter referred to as ‘the consumer’) was allegedly found indulging in theft of electricity and an assessment qua his liability framed without taking recourse to the criminal prosecution which was one of the eventualities contemplated under Section 135 of the Electricity Act (hereinafter referred to as ‘the Act’). It is the conceded case of the appellants that the consumer was not charged criminally and only proceeded for monetary consequences regarding which the assessment was framed which he challenged by way of an appeal before the Appellate Authority under the Electricity Act.

3. Learned counsel for the appellants contends that if a person is proceeded against under Section 135 of the Act for theft, the only remedy available with him is under Section 154 of the Act which provides for determination of the controversy by a special court constituted under a notification issued by the State Government. It is the categoric case of the appellant that only an assessment framed for unauthorised use of electricity under Section 126 can be subjected to an appeal as the consumer has done. We would extract Sections 126 and 135 of the Act here below :

“126. Assessment.—(1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use.

(2) The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed.

(3) The person, on whom an order has been served under sub-section (2), shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment within thirty days from the date of service of such order of provisional assessment, of the electricity charges payable by such person.

(4) Any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him.

(5) If the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorised use of electricity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.

(6) The assessment under this section shall be made at a rate equal to twice the tariff applicable for the relevant category of services specified in sub-section (5).

Explanation—For the purposes of this section,—

(a) “assessing officer” means an officer of a State Government or Board or licensee, as the case may be, designated as such by the State Government;

(b) “unauthorised use of electricity” means the usage of electricity—

(i) by any artificial means; or

(ii) by a means not authorised by the concerned person or authority or licensee; or

(iii) through a tampered meter; or

(iv) for the purpose other than for which the usage of electricity was authorized ; or

(v) for the premises or areas other than those for which the supply of electricity was authorised.

135. Theft of electricity.—(1)Whoever, dishonestly,—

(a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, o