IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 09.10.2025 Shanti Vidya Mandir School ...Petitioner Versus Punjab State Power Corporation Ltd. and others ...Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Padamkant Dwivedi, Advocate, with Ms. Anshu Gupta, Advocate, for the petitioner.

Ms. Gurneet Sagoo, Advocate, for the respondents – PSPCL.

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SUVIR SEHGAL, J. (Oral)

1. Instant petition has been filed for issuance of a writ in the nature of certiorari for quashing impugned notice dated 24.07.2015, Annexure P-1, issued by the respondent-authorities as well as order dated 09.07.2019, Annexure P-4, passed by the Special Court, Ferozepur, whereby petition under Sections 153 and 154 of the Electricity Act, 2003 (for short “the Act”) has been dismissed.

2. Petitioner is an educational institution and has an electricity connection, which was checked on 23.07.2015. Petitioner was found to be indulging in theft of energy and impugned notice, Annexure P-1, was issued, raising a demand of Rs.6,74,320/-. An amount of Rs.1,79,950/- was levied on account of compounding charges. Petitioner submitted a reply dated PARDEEP NAUTI1YA1L.08.2015, Annexure P-2, and simultaneously deposited the demanded amount on 24.07.2015, under protest. A petition, Annexure P-3, was filed before the Special Judge, Ferozepur, under Sections 153 and 154 (5) of the Act, which was contested by the respondents and by virtue of impugned order, Annexure P-4, it was rejected by holding that the Court does not have jurisdiction to entertain it.

3. Upon notice, instant petition has been contested by the respondents by filing a short reply, wherein it has been submitted that the petitioner was indulging in theft of electricity by by-passing the meter through a cable. The deposit of the demand raised by the impugned notice, Annexure P-1, has been admitted by the respondents, who have sought dismissal of the petition.

4. After having heard counsel for the parties and considering their submission, this Court is of the view that the impugned order cannot be sustained, and the matter deserves to be remitted. The sole question that arises for consideration is whether the Special Court, constituted under Section 153 of the Act, can determine civil liability in cases of theft of electricity under Section 135 ibid. Section 135 of the Act falls in Chapter XIV thereof under the heading “Offences and Penalties”. A reading of sub-Section (5) of Section 154 shows that there is a specific provision made in respect of the procedure and power of the Special Court constituted thereunder. The aforesaid provision authorizes the Special Court to determine the civil liability against the consumer for theft of energy. Thus, where a cognizance is taken of the misfeasance under Section 135 of the Act, a Special Court is authorized to determine the civil liability, besides initiating action for criminality for PARDEEP NAUTIcYAoLmmitting theft of electricity.

5. A Division Bench of this Court in M/s Golden Egg Poultry Farm Versus Punjab State Power Corporation Limited and others (CWP-2292- 2012, decided on 02.08.2012), came to the conclusion that in terms of Section 154 of the Act, Special Court is empowered to determine the civil liability. This Court noticed that Section 152 of the Act deals with compounding offences in the eventuality of a case being registered on account of theft of electricity. The Division Bench was of the view that a complete mechanism has been provided under the Act, which has to be adhered to.

6. A co-ordinate Bench of this Court in Kapoor Singh Versus Punjab State Power Corporation Limited, 2015 (2) RCR (Civil) 891, considered the notification dated 03.12.2008, Annexure P-5, issued by the Government of Punjab, whereby all the Courts of Additional Sessions Judge in every Sessions Division in the State of Punjab has been designated as a Special Courts under Section 153 of the Act. This Court observed that the Special Court has the twin respon