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KARAMJIT SINGH
Ram Murti – Appellant
Versus
Uttar Haryana Bijli Vitran Nigam – Respondent
KARAMJIT SINGH, J.
1. This civil revision petition has been filed by petitioner-Ram Murti against the order dated 10.3.2017 passed by the Special Court, Ambala (Constituted under Section 153 of the Electricity Act, 2003), whereby petition filed by the petitioner under Section 154-B of Electricity Act, 2003 (for short ‘the Act’) has been dismissed been not maintainable.
2. The brief facts of the case are that the petitioner received assessment order bearing No.A33/2014/2 dated 3.1.2014, whereby the petitioner was asked to deposit amount of Rs.1,23,698/- on the basis of inspection, as per which the electricity connection of the petitioner was checked by the officials of respondent No.1 and thereafter the petitioner deposited the aforesaid amount along with compounding charges and the offence with regard to theft/misuse of electricity was compounded.
3. The petitioner being aggrieved by order dated 10.3.2017 has filed the present revision petition, which is being resisted by the learned Senior Counsel for respondents.
4. The counsel for the petitioner submits that payment of assessed amount and compounding charges i.e. Rs.1,39,698/- in total was deposited with the respondents only under p
The Special Court constituted under Section 153 of the Electricity Act, 2003 does not have jurisdiction to determine civil liability in the absence of pending trial of specific offences under the Act....
The jurisdiction for civil liability in electricity theft cases lies with the Commercial Court, not the Special Court, which handles criminal offences.
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....
Civil liabilities for electricity theft must be determined by a Special Court, and actions based on provisional assessments are invalid post-exoneration.
Civil Court jurisdiction is barred under Section 145 of the Electricity Act only for matters arising from Section 126; consumers can invoke Civil Court for disputes involving Section 135 liabilities.
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