Dayaram Sharma vs Jaipur Vidhyut Vitaran Nigam Ltd. And Ors

The petitioner has challenged the notice dated 17.12.2019 whereby the civil liability of amount of Rs. 11,16,996/- has been assessed on the petitioner

with direction to deposit the same within 7 days, failing which, the matter under Section 135 of the Electricity Act, 2003 (hereinafter referred to as ""the

Act"") would be undertaken.

Learned counsel for the petitioner submits that such amount does not come within the ambit of Section 126 of the Act and finding that there has been

electricity theft or misuse of electricity, the respondents were required to provisionally assess the civil liability and give an opportunity of hearing by

giving a notice of 30 days in advance and thereafter, the civil liability could be finalized.

Learned counsel also submits that upon finally assessing the civil liability, the petitioner would have a right to file an appeal against the said order.

However, no such procedure was adopted in terms of Section 126 of the Act and directly assessment has been made and the civil liability has been

directed to be deposited as compounding charges in view of action under Section 135 of the Act. Learned counsel relies on the judgment in the case

of M/S Shiv Parwati Marble & Ors. Versus Ajmer Vidhyut Vitaran Nigam Ltd., Ajmer & 2 Anr.: 2010 (3) WLC Page 308, to submit that the

provisions of Secton 126 of the Act are required to be followed for the purpose of assessing civil liability and Section 135 of the Act is independent

thereto.

Faced with such a situation, learned counsel appearing for the respondent - JVVNL submits that if this Court reaches to the conclusion that notice

dated 17.12.2019 does not come within the ambit of Section 126 of the Act, the assessment as mentioned in notice be treated as a provisional

assessment in terms of Section 126 of the Act and notice be treated as under Section 126 of the Act, the petitioner be allowed 30 days time to file his

objections and the matter should be left for the authorities to take a final decision.

I have considered the submissions as above and perused the material available on record.

This Court agrees with the submissions of learned counsel for the petitioner that procedure has to be followed in terms of Section 126 of the Act

before proceeding of giving notice for compounding of offence. In the present case, directly civil liability has been assessed and notice for

compounding of offence in terms of Section 135 of the Act has been issued. Accordingly, the notice dated 17.12.2019 is liable to be quashed and set

aside and same is accordingly quashed and set aside. However, in the facts and circumstances, as noticed above, apparently, the respondent -

JVVNL has alleged that the petitioner has been found guilty of misuse of electricity connection and they have assessed a civil liability of Rs.

11,16,996/- as against the petitioner in view of the provision of Section 126 of the Act, it is now directed that the petitioner shall submit his objections

relating to the civil liability as informed vide notification dated 17.12.2019 and file his objections within period of 30 days henceforth whereafter the

respondent - JVVNL shall be free to take a final decision in this respect after examining the objections and pass a speaking order thereon. It goes

without saying that petitioner is further aggrieved, he shall always be free to file an appeal in terms of the provisions of the Act.

With the directions and observations, as indicated above, the writ petition is disposed of.

All the pending applications stand disposed of.