IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 20.01.2025 Date of Pronouncement:25.02.2025.

AMAR SINGH -PETITIONER V/S PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Yogesh Aneja, Advocate for Mr. G.L.Bajaj, Advocate, for the petitioner.

Mr. A.K.Sharma, Advocate, for respondents no.1 to 3.

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KULDEEP TIWARI, J.

1. Through the instant petition, a prayer is made issuance of a writ in the nature of certiorari quashing of judgment dated 11.02.2016 (Annexure P-6), passed by the learned Special Court, Bathinda, and the memo bearing No.693, dated 24.02.2012 (Annexure P-3), whereby a provisional assessment order regarding theft of electricity under Section 135 of the Electricity Act, 2003 (hereinafter referred to as the 'Act of 2003), has been issued by respondent no.2. Further, a prayer is made for restraining the the respondent-PSPCL, from disconnecting the electricity connection, bearing No.SP 320047 installed in the premises of the present petitioner.

2. Succinctly, the petitioner, who is a holder of electricity connecting bearing no.SP 320047, for running an Atta Chakki, has approached this Court, on account of issuance of a provisional order of assessment regarding theft of electricity under Section 135 of the Act of

2003, vide Annexure P-3.

3. Before approaching this Court, the present petitioner had filed a civil suit, seeking a declaration to the effect that the provisional assessment order under Section 135 of the Act of 2003, is illegal, null and void. However, the said civil suit was dismissed by the learned civil court concerned, vide a judgment and decree dated 17.09.2014 (Annexure P-4), on account of maintainability. Thereafter, the petitioner approached the learned learned Special Court concerned, by filing an appeal against the demand in question, which was also dismissed, on the ground of maintainability, vide its judgement dated 11.02.2016 (Annexure P-6), which caused grievance to the present petitioner, and propelled him to file the instant petition.

4. In the instant case, the petitioner filed an application on dated 17.05.2011 (Annexure P-1), with respondent no.3, i.e. the distribution licencee, for discontinuity of the electricity connection to his Atta Chakki, alongwith a self declaration (Annexures P-1 and P-2 respectively). In pursuance of the application (supra), the electricity connection was removed, and the meter which was installed and sealed in a cardboard box, and was subsequently, sent to the M.E.Lab, Sri Muktsar Sahib, for its attestation vide challan no.7, dated 17.02.2012. A fresh meter was reinstalled at the said Atta Chakki of the petitioner. Upon receipt of report for the M.E.Lab, a provisional order of assessment, vide impugned memo. no.693, dated 24.02.2012 (Annexure P-3), was sent to the petitioner. As per the report, the meter was checked in the presence of the petitioner, and other officials, and it was found that both, the M.E. Seals and the body of the meter were tampered with, as such the petitioner was found to be controlling the electricity energy by tampering with the internal circuit of the meter, and the authority concerned, finding its a case of theft of electricity/unauthorised use of electricity, a notice under Section 135 of the Act of 2003, was also issued to the petitioner.

5. Learned counsel for the petitioner submits that the learned Special Court concerned, instead of dismissing the appeal of the present petitioner, on the ground of maintainability, ought to have decided the civil liability, and in view of Section 135 of the Act of 2003.

6. He further made an attempt to throw challenge to the impugned assessment order (Annexue P-3), on the ground that there is a delay in sending the meter to the laboratory, and even the meter was not sealed in his presence. Therefore, solely on the basis of such report, the impugned assessment order (supra), requires interference.

7. On the other hand, learned