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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Mahesh Kumar – Appellant
Versus
Sub Divisional Officer – Respondent
What is the scope of Civil Court jurisdiction under Section 145 of the Electricity Act, 2003 in relation to matters under Sections 126, 135 to 140 and 150? What is the status of civil claims by consumers for disputes arising under Sections 135 to 140 and 150 when Special Courts exist under Sections 153 to 155? What are the remedies and forums available for civil liability or compensation arising from theft of electricity as per the Electricity Act, 2003?
Key Points: - (!) (!) - (!) (!) (!) - (!) (!) (!) (!) (!) (!) (!) (!) (!)
| Table of Content |
|---|
| 1. initial facts of the civil suit. (Para 2 , 3 , 4 , 5) |
| 2. lower court decrees and appeal outcomes. (Para 8 , 9) |
| 3. jurisdiction issues under the electricity act. (Para 11 , 12 , 14) |
| 4. analysis of jurisdictional bars for civil courts. (Para 21 , 22 , 25 , 26) |
| 5. conclusion and final order of the court. (Para 55 , 56) |
JUDGMENT :
SURESHWAR THAKUR, J.
1. Since a common question of law is involved in all the cases (supra), therefore, the said question of law is amenable to be answered through a common verdict being made thereons.
2. For brevity, the facts are being taken from RSA No. 4181 of 2016
3. Initially, a civil suit bearing RBT No. 31 of 2011, became preferred by plaintiff-Mahesh Kumar in the Court of the learned Addl. Civil Judge, Senior Division, Jind, seeking a declaration, thus for declaring, as illegal, null and void rather the checking report dated 17.11.2011, as well as Memo No. 872/CA dated 22.11.2011, and Memo No 876/CA dated 22.11.2011, wherebys became respectively assessed amounts of Rs. 2,93,628/ and Rs. 90,000/-, thus towards penalty and compounding of offence against account No DB21-1605(CS) of the plaintiff therein.
4. It is averred in the supra suit that
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.
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 jurisdiction for civil liability in electricity theft cases lies with the Commercial Court, not the Special Court, which handles criminal offences.
The violation of statutory provisions and principles of natural justice allows for the challenge before the Civil Court, despite the jurisdiction bar under Section 145 of the Act.
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