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RSA No.3800 of 2023 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No.3800 of 2023 (O&M)

Date of decision : 04.02.2026

Sub Divisional Officer (OP) UHBVN Ltd. ....Appellant

Versus

Sunita and another ...Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present : Mr. Surinder K. Mahajan, Advocate

for the appellant.

PANKAJ JAIN, J. (ORAL)

CM No.13601-C of 2023

This is an application filed under Section 5 of Limitation Act

seeking condonation of delay of 56 days in filing the instant appeal.

For the reasons recorded in the application, this Court is

satisfied that the applicant/appellant has made out a sufficient cause for

condonation of delay.

Consequently, the present application is allowed. The delay of

56 days in filing the instant appeal is hereby condoned.

RSA No.3800 of 2023 (O&M)

1. Defendant No.2 is in appeal. For convenience the parties

hereinafter are referred to as by their original position before the Court of

First Instance i.e., the appellant as defendant No.2 and respondent No.1 as

plaintiff, respondent No.2 as defendant No.1.

DEEPAK KUMAR

2026.02.11 15:21

I attest to the accuracy and

integrity of this document

RSA No.3800 of 2023 (O&M) 2

2. The plaintiff instituted a suit seeking a decree of declaration to

the effect that the checking report dated 22.07.2015, order of assessment

bearing memo No.2061, dated 23.07.2015 and notice of compounding

bearing memo No.2017, dated 23.07.2015, be declared illegal, null and void

with the relief of permanent injunction for restraining defendants from

recovering the amount imposed vide the above notices.

3. The plaintiff is a consumer of electricity supplied by the

defendant. She was served with the demand notices by the defendants

alleging theft of electricity.

4. The Trial Court, upon appreciation of the pleadings and the

evidence brought on record, decreed the suit in favour of the plaintiff.

5. Aggrieved by the judgment and decree passed by the Trial

Court, the defendants preferred an appeal before the Appellate Court.

6. The Appellate Court finding no merit in the appeal, dismissed

the same. The judgement and decree dated 17.08.2019 passed by the Trial

Court stand upheld and affirmed.

7. Learned counsel for the appellant does not dispute the fact that

although theft of electricity has been alleged against the plaintiff consumer,

till date neither any FIR has been registered nor any complaint has been filed

before the competent Court, as contemplated under the bare provisions of

law. He, however, submits that the consumer could not have approached the

Civil Court, as the jurisdiction to try cases relating to theft of electricity

under Sections 135 to 140 and Section 150 of the Electricity Act, 2003

DEEPAK KUMAR

2026.02.11 15:21

I attest to the accuracy and

integrity of this document

RSA No.3800 of 2023 (O&M) 3

(hereinafter referred to as ‘2003 Act’) vests exclusively with the Special

Court constituted under Section 153 of the said Act. He submits that the

jurisdiction of the Civil Court is barred under Section 145 of the 2003 Act.

8. The issue w.r.t procedure to be followed in the case of theft and

the effect thereof on the jurisdiction of the Civil Court has been elaborately

explained by this Court in RSA No.1952 of 2024 titled as ‘Sub Divisional

Officer and another vs. Smt. Kamla Devi’, decided on 27.10.2025 after

considering the ratio of law laid down by Division Bench of this Court in

RSA No.4181 of 2016 titled as ‘Mahesh Kumar vs. Sub Divisional

Officers and another’ decided on 14.05.2025. This Court concluded as

under:

“xxx xxx xxx

20. Likewise Chapter VIII has been incorporated in the Punjab

Supply Code, 2014. Chapter VIII in the Supply Code, 2014 deals

with unauthorized use of electricity and theft of electricity in State

of Punjab.

21. In view of the discussion held hereinabove and the scheme

of the Act of 2003, it is held as under:

(i) Once theft of electricity is discovered by the

authorities, they are empowered to disconnect the

supply of electricity. Under Section 145 of 2003

Act, no Civil