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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.3425 OF 2019

The Maharashtra State Electricity

Distribution Company Ltd.,

Sub Division-1, Shahganj,

Aurangabad, Tq. & Dist. Aurangabad,

Through Additional Executive Engineer ….PETITIONER

VERSUS

Badrinath Pema Rathod,

Age: 57 years, Occu: Service,

R/o: Plot No.48, Bhakti Nagar,

Pisadevi Road, Aurangabad

….RESPONDENT

….

Mr A. S. Shelke, Advocate for petitioner;

Mr S. P. Koli, Advocate for respondent

CORAM : SMT. BHARATI DANGRE, J.

Date of reserving the Judgment : 10th January, 2022

Date of pronouncing the Judgment : 14th January, 2022

JUDGMENT :

1.

By the present writ petition, the Maharashtra State

Electricity Distribution Company Ltd. (MSEDCL), a licensee

under the provisions of the Electricity Act, 2003 (hereinafter

referred to as ‘the 2003 Act’), question the legality of the award

passed by the Permanent Lok Adalat, Aurangabad, in Prelitigation

Application Dispute No.44/2018, under which the petitioner has

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been directed to issue regular bills to the applicant Shri. Badrinath

Pema Rathod, who had instituted the said application. Further

direction is issued to the applicant to clear the bills and on

payment of the same, the petitioner is directed not to disconnect

his electricity supply.

2.

Heard the learned Counsel Shri. A. S. Shelke for the

petitioner and the learned Counsel Shri. S. P. Koli for the

respondent.

Rule. Rule is made returnable forthwith and heard finally

by consent of the parties.

3.

Before the merits of the award impugned can be

appreciated, it is apposite to refer to the brief facts leading to the

passing of the impugned award by the Permanent Lok Adalat.

Shri. Badrinath Pema Rathod, resident of Plot No. 48,

Bhakti Nagar, Aurangabad, is the owner of the house property

situated on the plot and is availing the electricity supply with the

consumer number being allotted, for his residential house. On

06/12/2016, the Flying Squad, Jalna, checked his electricity meter,

which was found to be tampered, installed a new meter. He was

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served with the assessment bill of Rs.9,490/-. The assessment

was disputed by the respondent and he raised grievance with the

petitioner. The Flying Squad, which had checked the meter, since

noticed that the respondent was indulged in theft of electricity and

an offence came to be registered against him under Section 135 of

the 2003 Act. His existing meter was seized as per the prescribed

process and a bill was issued to him as per assessment sheet.

4.

The respondent being aggrieved by the action of the

petitioner, filed an application under Section 22 (C) of the Legal

Services Authorities Act,1987 (hereinafter referred to as ‘the 1987

Act’), which was made over to the Permanent Lok Adalat,

Aurangabad, being registered as Prelitigation Application Dispute

No.44/2018.

In the said application, he sought the relief of cancellation

of the assessment bill issued to him, since it calculated the excess

units. Pending hearing of the application, he sought directions to

the authority, to issue regular bills to him and not to disconnect his

electricity supply. He also prayed for compensation of

Rs.10,000/- on account of the harassment faced by him at the

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instance of MSEDCL, Shahaganj Division, for mental harassment

and economic loss.

The application was contested by the MSEDCL, by

submitting that there is no valid, legal and existing cause of action

to file the present application and since the application is not

maintainable, it should be dismissed. It was specifically pleaded

that the applicant was found guilty of theft of electricity and

therefore, aft