JUDGMENT :

JAGMOHAN BANSAL, J.

1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-35731-2025.

2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of checking report dated 04.07.2017 (Annexure P-4), assessment order dated 15.07.2017 (Annexure P-3) demanding electricity charges Rs. 4,05,200/- and compounding notice dated 15.07.2017 demanding fee Rs. 75,000/-.

3. The petitioner is engaged in the business of sale of wooden furniture and trading of scrap. He obtained Non-Domestic Supply (‘NDS’) electricity connection. The respondent installed electricity meter on the electric pole located outside the petitioner’s premises. On 11.05.2014, sparking was emanating from the electricity meter and ultimately it got burnt. He submitted before respondent that meter has burnt due to technical reasons, thus, he is not liable to pay replacement fee. The respondent refused to replace burnt meter without deposit of cost of replacement. He under protest deposited Rs.1,100/- towards meter replacement charges. His electricity connection was restored on 20.06.2017. On 06.07.2017, the replaced meter got burnt. He reported the matter to Authorities. The Officials of respondent verified that meter has burnt due to technical reasons. The respondent on 15.07.2017 temporarily restored his connection. On 15.07.2017, the respondent issued notice alleging that checking was carried out on 14.07.2017 and during checking bypass use of electricity was noticed. The respondent assessed theft of electricity of Rs. 4,05,200/-. The respondent vide notice dated 15.07.2017 assessed compounding fee. Notice dated 15.07.2017 reads as:-

“From

SDO (OP)

Hisar 2 Barwala

To

Rattan Singh S/o, D/o Hari Singh/Actual User-Rattan Singh, S/o D/o Hari Singh Roank Furniture Factory, Pabra to Faridpur Road, Village Pabra, District Hisar.

Memo No. H22/2017/2214 Date: 15/07/2017

Subject:- Notice to consumer by licensee for compounding the offence of the theft of electricity Under Section- 135 and Section-

152 of Electricity Act- 2003

This is with reference to this office order assessment issued vide this office Memo no.H22/2017/2214 Date: 15/07/2017 vide which order of assessment by the licensee has been issued. In this connection, it is intimated that a complaint has been lodged in the Police/Special Court/Nigam is contemplating lodging of complaint for taking cognizance of the offence as per the provisions of EA-2003. In case, you want to compound the matter to absolve yourself from criminal liabilities, you are required to approach before compounding officer. The details of amount fo compounding are given as under:-

Compounding:- 75000

Sd/-
SDO(OP)
Hisar 2 Barwala”

4. The petitioner preferred appeal before Appellate Authority against assessment order dated 15.07.2017. He withdrew appeal and preferred Civil Suit which was decreed. The respondent preferred appeal which came to be dismissed. The respondent preferred second appeal before this Court. Reference with respect to jurisdiction of Civil Court was made to Division Bench of this Court which vide judgment dated 14.05.2025 passed in Mahesh Kumar Versus Sub Divisional Officer and Others, Law Finder Doc Id#2730461 held that Civil Court in view of Section 145 of Electricity Act, 2003 (for short ‘2003 Act’) has no jurisdiction to entertain suit. In view of judgment of this Court, the orders passed by Civil Court ceased to exist. The petitioner preferred suit before Special Court constituted under Section 153 of 2003 Act. Learned Special Court vide order dated 08.08.2025 rejected his suit on the ground of jurisdiction.

5. A battery of advocates led by Mr. Ajayvir Singh, Advocate submit that respondent has passed impugned order under Section 135 of 2003 Act. The order has been passed as assessment order. Under Section 135 of 200