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2025 Supreme(P&H) 1730
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Suvir Sehgal, J.
Punjab State Power Corporation Ltd. and others- Petitioners
Versus
Rinku Singh and another - Respondents
CWP-3334-2023
Decided On : 25-09-2025
Important Points
Subject
Administrative Law - Electricity Regulation
Act Referred
Headnote
(B) Procedure - The proceedings for theft of electricity must adhere to the Electricity Act provisions as determined by this Court in earlier rulings. (Para 1)
Facts of the case:
The petitioners have issued notices alleging electricity theft, challenged here as outside the Permanent Lok Adalat's scope per existing precedents. The entire assessed amount of Rs.2,43,510/- has been deposited by the respondent during the proceeding.
Findings of Court:
The award by the Permanent Lok Adalat was set aside based on the established legal framework.
Issues: Whether the Permanent Lok Adalat possesses jurisdiction to address the electricity theft allegations made by the petitioner.
Ratio Decidendi: The court held that rightful proceedings concerning electricity theft are governed by the Electricity Act, mandating that assessments are under the jurisdiction of the Special Court rather than the Permanent Lok Adalat.
Result: Writ petition disposed of and award set aside.
Advocate Appeared:
For the Petitioner:Mr. Rishabh Gupta, Advocate
For the Respondent:Ms. Deepika, Advocate (Legal Aid Counsel), Mr. Siddharth Sandhu, AAG
| Table of Content |
|---|
| 1. jurisdiction of the permanent lok adalat in electricity theft cases. (Para 1) |
| 2. setting aside the pla award. (Para 2) |
| 3. confirmation of deposit by respondent no.1. (Para 3) |
| 4. writ petition is disposed of. (Para 4) |
JUDGMENT :
Suvir Sehgal, J.
1. A short issue that arises for determination in this writ petition is as to whether the Permanent Lok Adalat (Public Utility Services) can interfere in a matter where the petitioner i.e. the Punjab State Power Corporation Ltd. has issued notices under Section 135 of the Electricity Act, 2003 (for short - ‘the Electricity Act’) alleging theft of electricity. This issue stands settled by a Co-ordinate Bench of this Court in Dakshin Haryana Bijli Vitran Nigam Ltd. and Anr. Versus Permanent Lok Adalat, Public Utility Services, Gurgaon & Anr., 2016 (2) PLR 634. This Court has specifically held that in cases of theft of electricity, assessment has to be made under Section 154 (5) of the Electricity Act and the Special Court established under Section 153 (1) of the Electricity Act has been conferred with the jurisdiction to challenge the proceedings.
2. In view thereof, impugned award passed by PLA, PUS is set aside.
3. During the pendency of the instant petition, respondent No.1 has deposited the entire amount demanded vide impugned notice dated 30.03.2021, Annexure P7. Xerox copies of some of the receipts have been placed on record by counsel for respondent No.1 on the previous date of hearing. Counsel for the petitioners has confirmed that the entire assessed amount of Rs.2,43,510/- has been deposited.
4. In view of the above development, writ petition is disposed of.
