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IN THE HIGH COURT OF ALLAHABAD
ALOK MATHUR, J.
Ganga Sagar Yadav And Another – Appellant
Versus
Smt. Dulari And Others – Respondent
Writ C No.1008497 of 2013
Decided on : 09-01-2024
Electricity Act - Jurisdiction of Civil Court - Section 145
Fact of the Case:
The petitioners challenged an order regarding jurisdiction in a suit for permanent injunction against erecting electricity poles and lines over a plot of land. The trial court rejected the objections of the petitioners, holding that the suit was maintainable and not barred under Section 145 of the Electricity Act, 2003.
Finding of the Court:
The court found that the dispute regarding the erection of electric poles and electric lines over the plaintiff's land was not covered by Section 145 of the Electricity Act, 2003, and therefore, the jurisdiction of civil courts had not been ousted.
Issues: The main issue was whether the suit for permanent injunction was maintainable and not barred under Section 145 of the Electricity Act, 2003.
Ratio Decidendi: The court relied on the interpretation of Section 145 of the Electricity Act, 2003, and cited case law to establish that exclusion of civil court's jurisdiction must be explicitly expressed or clearly implied. The court also emphasized that fraud practiced upon the court and matters not covered by the excluded provisions can still be entertained by civil courts.
Final Decision: The writ petition was dismissed as it was devoid of merits.
JUDGMENT :
1. Heard Sri Rajesh Chandra Mishra, learned counsel for the petitioners. No one appears for the respondents.
2. Learned counsel for the petitioners at the very outset has prayed that he may be permitted to make amendment in the memo of writ petition for treating it to be writ petition under Article 227 rather than petition under Article 226 of the Constitution of India.
3. Learned counsel for the petitioner is permitted to make necessary incorporation in the memo of writ petition during course of the day.
4. By means of present writ petition the petitioners have challenged the order dated 09.02.2012, passed by the Additional Civil Judge (Junior Division), Raebareilly whereby he has decided the issue with regard to jurisdiction in favour of the plaintiff and against the petitioners. The petitioners subsequently assailed the order dated 09.02.2012 before the District Judge, Raebareilly by filing revision being Civil Revision No. 35 of 2012, which was also rejected and order of trial Court in this regard has been affirmed.
5. It has been submitted by learned counsel for the petitioners that respondent no. 1 had filed a suit for permanent injunction seeking prayer for restraining the defendants/petitioners and respondent nos. 2 to 4 not to erect electricity poles and electricity line over plot no. 632, situated at Village - Purey Alpi Majre, Chilaula Bhangaria, Post -Kalyanpur Raili, Pargana, Tehsil & District -Raibereilly. The said suit was subsequently amended and plaintiff had further prayed for mandatory injunction against defendants.
6. The petitioners had appeared in the suit proceedings and filed their objections and submitted that the Civil Court did not had jurisdiction to interfere in the suit and same would be liable to be dismissed as not maintainable. The Additional Civil Judge (Junior Division) has framed four issues and issue no. 4 pertains to jurisdiction of the civil Court to entertain and decide the issue raised by the plaintiff.
7. The trial Court while rejecting the objections filed by the petitioners recorded that Section 145 of the Electricity Act, 2003 is not applicable in the facts of the present case and provisions which bar maintainability of the suit, restricts only to matters which an assessing officer referred to in Section 126 or the appellate Court referred to in Section 127 or the adjudicating officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
8. The trial Court was of the view that the dispute in the present case is not relatable to any assessment proceedings and permanent injunction has been sought against defendants for erecting electric poles and electricity line over the said land. For the sake of convenience Section 145 of the Electricity Act, 2003 is re-produced herein below :-
9. From the perusal of aforesaid provision it is clear that the civil Court can entertain the matters with regard to assessment which fall under Chapter XII -Investigation and Enforcement. The said Chapter deals with the matters pertaining to assessment of electricity consumed and under Section 127 provides for appeal before the appellate authority and further in relation to investigation of certain matters.
10. Undisputedly, where ever there is statutory prescription excluding powers of the civil Court then suc
Exclusion of civil court's jurisdiction must be explicitly expressed or clearly implied, and matters not covered by the excluded provisions can still be entertained by civil courts.
The main legal point established in the judgment is that the jurisdiction of the Civil Court is expressly barred under Sec. 145 of the Electricity Act, 2003, from granting any injunction in respect o....
Civil Courts lack jurisdiction over matters assessed by an assessing officer under the Electricity Act, 2003, as per Section 145.
Civil Court jurisdiction is barred under Section 145 of the Electricity Act, as established by prior ruling.
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