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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL, J.
Simarjeet - Appellant
Versus
S.D.O. And Anr. - Respondents
RSA-1343 of 2020 (O&M)
Decided On : 04-08-2025
| Table of Content |
|---|
| 1. civil court's jurisdiction under electricity act (Para 1) |
| 2. appeal decided per previous ruling (Para 2) |
| 3. resolution of pending applications (Para 3) |
JUDGMENT :
VIRINDER AGGARWAL, J .
1. The question before this Court is as to whether learned Civil Court has jurisdiction or the consumer has any other remedy available to it. A Co-ordinate Bench in RSA-4181-2016 titled as Mahesh Kumar vs. Sub-Division Officer, Sub Urban and Another vide order dated 30.07.2025 has held that the Civil Court has no jurisdiction in view of bar under Section 145 of the Electricity Act, 2003, but the jurisdiction of writ with regard to determining the validity of passing of the impugned order can be availed.
2. In view of the above, appeal is decided in terms of order dated 30.07.2025 passed in RSA-4181-2016.
3. Since the main case has been decided, pending miscellaneous application(s), if any, stands also disposed of.
The jurisdiction of Civil Courts is barred under Section 145 of the Electricity Act, 2003, necessitating consumers to seek writ remedies for challenging orders.
Civil Courts lack jurisdiction under Section 145 of the Electricity Act, 2003, with consumers having alternative remedies available, including writ petitions for challenging orders.
The central legal point established is that the jurisdiction of the Civil Court is not barred under the Electricity Act 2003, and a consumer has the right to seek redressal from the Civil Court even ....
Civil Court jurisdiction is barred under Section 145 of the Electricity Act, as established by prior ruling.
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