The instant petition, under Article 226 of Constitution of India, is

directed against the order dated 19.12.2023 (Annexure P/1) passed by

Officer In-charge, MPMKVVCL, O&M Circle Guna, whereby, invoking the

powers under Section 135 of Electricity Act, 2003 civil liability to the extent

of Rs.1,16,734/- has been fixed and petitioner has been directed to deposit

the same.

Learned counsel for the petitioner while referring to the Section 135 of

the Act has submitted that the provision of Section 135 of the Act forms part

of Chapter XIV and deals with "Offences and Penalties". However, a reading

of sub-Section (5) of Section 154 of the Act shows that there is a specific

provision made in respect of the procedure and power of the Special Court

constituted under Section 153 of the said Act which authorizes the Special

Court to determine even the civil liability against the consumer or a person

in terms of money for theft of energy as per the said sub section, where the

Signature Not Verified

Signed by: PAWAN KUMAR

Signing time: 7/21/2026

6:40:59 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21877

2 WP-28733-2025

cognizance is taken of the act under Section 135 of the said Act, but herein

the case, the Authorities themselves had usurped the powers of Special Court

and had imposed the civil liability of Rs.1,16,734/- towards theft which is

bad in law and therefore, impugned order deserves to be quashed.

After hearing learned counsel for the petitoner and going through the

provisions of Sections 135 and 154 of the Act, 2003, this Court finds that

notwithstanding anything contained in the Code of Criminal Procedure,

every offence punishable under Section 135 of the Act, 2003 shall be triable

by the Special Court. As per Sub Section 5 of Section 154 of the Act, the

Special Court is even empowered to determine the civil liability against the

consumer or a person in terms of money for theft of energy. Thus, when the

Special Court is very well empowered to determine the civil liability apart

from taking any penal action against the person who has committed theft of

energy, the authorities could not have usurped such powers and could not

had determined the liability and could not have raised a demand of

Rs.1,16,734/- vide Annexure P/1 dated 19.12.2023.

The aforesaid analogy finds support from the matter of Sangita wd/o

Suresh Chandra Gupta and Another Vs. State of M.P. reported in 2009(1)

MPLJ 366.

In light of the aforesaid factual and legal position, the final assessment

order dated 19.12.2023 made under Section 135 of the Act cannot be

sustained and accordingly, it is hereby quashed. However, respondent are at

liberty to move an appropriate application before the Competent Court of

jurisdiction as provided under Section 154 of the Act.

Signature Not Verified

Signed by: PAWAN KUMAR

Signing time: 7/21/2026

6:40:59 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:21877

3 WP-28733-2025

With the aforesaid observation, present petition is hereby allowed and

disposed of.