Case Law Details
BDS Steel Vs Assam Power Distribution Co. Ltd (Gauhati High Court)
The learned Senior Counsel for the petitioner has submitted that in the writ petition, the petitioner has disputed that this was a case of theft of electricity and therefore, it is submitted that the petitioner is not required to approach the Special Court as provided for in Section 154 of the Electricity Act. Referring to various interim orders passed by this Court including order dated 23.02.2021 passed in WP(C) 1079/2021, it is submitted that under similar circumstances, this Court had passed an interim order to restore the electricity power supply on deposit of a part of the dues raised by the respondent and he prays for similar interim relief.
Per contra, the learned Senior Counsel for the respondents has vehemently opposed the maintainability of this writ petition by submitting that as per the inspection report, it was a case of theft of electricity as provided for under Section 154 of the Electricity Act. Referring to the provisions of Section 135(1A) of the Electricity Act, 2003 read with Section 154 of the Electricity Act, it is submitted that the petitioner is required to appear before the Special Court and to agitate his grievance. It is submitted that the said Special Court has the competence to determine the civil liability and accordingly, it is submitted that the present writ petition would not be maintainable. It is further submitted that in terms of Sub-Section 135(1A) of the Electricity Act, for securing reconnection of power, as, a precondition, the consumer is required to pay the entire assessment amount.
Considering that the learned Senior Counsel for the respondent has raised a question of jurisdiction, the matter needs further consideration. Accordingly, let a notice returnable on 14.06.2021 be issued. Also issue notice on the prayer for interim relief.
Having regard to the contested submissions of both sides and by taking note of the order dated 23.02.2021 passed by this Court in WP(C) 1079/2021, the Court is inclined to provide as an interim measure that only upon deposit of an amount of Rs. 20,00,000/-, the respondents shall restore the electricity power supply to the petitioner within the next 24 hours of the deposit being made. It is further provided that the current electricity charges would be continued to be paid by the petitioner as and when bills are raised. Needless to mention that requirement of any further deposit of assessment bill amount would be subject to further orders of the Court
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