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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BINOD KUMAR DWIVEDI, VIVEK RUSIA
Ram Kunwar Chouhan – Appellant
Versus
Chief Managing Director – Respondent
ORDER :
Vivek Rusia, J.
The appellant/petitioner has filed this writ appeal against the order dated 22.04.2025, whereby the writ petition has been dismissed. The writ petitioner is an owner of the stone crusher as well as a licensee of the respondent. On 27.02.2025 a vigilance team of the respondent company visited the place of stone crusher site and found two extra cables connected directly from the low tension bushing of the 20 KVA transformer hence, found the case of 'Theft' under Section 135 of the Electricity Act, 2003.
02. The writ petitioner was served with the panchnama with provisional assessment notice/order on 27.02.2023 for demanding Rs.55,67,259/- and disconnection of the supply under sub-section 1(A) of Section 135 of the Electricity Act, 2003. The writ petitioner submitted an objection challenging the panchnama as well as the provisional assessment order. However, the writ petitioner as per direction dated 20.03.2023 has deposited 50% of the provisional assessment amount i.e. Rs.20,33,637/- and sought restoration of supply. The writ petitioner has also submitted an undertaking with the respondents for the deposit of the remaining amount.
03. According to the writ petitio
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The court established that consumers must follow statutory procedures for contesting electricity theft assessments and that reconnection is contingent upon compliance with these procedures.
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 main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
An acquittal on the charge of theft under Section 135 of the Indian Electricity act, 2003 does not automatically absolve the consumer from the civil liability under Section 126, as the two operate on....
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
The acquittal of the petitioner in a criminal case under Section 135 of the Electricity Act, 2003, exonerated the petitioner from liability under Section 126. The absence of a final order of assessme....
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