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VINOD S. BHARDWAJ
G. R. Senior Secondary School – Appellant
Versus
Dakshin Haryana Bijli Vitran – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of energy theft penalties. (Para 1 , 2) |
| 2. respondents allege evidence of energy theft. (Para 3 , 4 , 6 , 7) |
| 3. court considers liability post-acquittal. (Para 5 , 11) |
| 4. special court determines civil liability. (Para 10 , 12 , 14) |
| 5. electricity act mandates distinct assessments. (Para 13 , 15) |
| 6. writ petition allowed, demand notice invalid. (Para 17) |
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of writ in the nature of Cetiorari for quashing the checking report dated 18.03.2013 (Annexure P-2), the joint checking report dated 21.08.2013 (Annexure P-7), assessment order dated 22.08.2013 (Annexure P-8) and notice of compounding the offence of theft dated 22.08.2023 (Annexure P-9)
2. Briefly summarized, the facts of the present case are that the petitioner-G.R. Senior Secondary School, Gujrani, Bhiwani being run under the G.R. Siksha Samiti, is a consumer of the respondent-distribution licensee. The premises of the petitioner were inspected on 18.03.2013 by the respondent-distribution licensee whereupon a case of theft of energy was prima facie repo
An acquittal on the charge of theft under Section 135 of the Indian Electricity act, 2003 does not automatically absolve the consumer from the civil liability under Section 126, as the two operate on....
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
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....
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
The court established that consumers must follow statutory procedures for contesting electricity theft assessments and that reconnection is contingent upon compliance with these procedures.
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