Document Fragment View

Matching Fragments

19. The counsel also in support of his arguments relied upon the judgment reported in AIR 2007 PUNJAB AND HARYANA 57 in the case of PUNJAB STATE ELECTRICITY BOARD, PATIALA AND OTHERS vs M/S. GURU NANAK AGRICULTURE ENGINEERING WORKS AND OTHERS wherein also discussed about Electricity Act, 2003, Sections 145, 126 and 127, bar to civil Court's jurisdiction, applicability, demand notice issued by clubbing separate electricity connections of respondents. Suit for declaration filed that demand notice was illegal, void, without jurisdiction and against principles of natural justice and also against Electricity Rules and not binding on respondent, matter in dispute not covered under Section 126 or 127 of Act, jurisdiction of civil Court could not be said to have been barred. The counsel would vehemently contend that when Punjab and Haryana High Court held that Section 145 will not bar any suit in a case for declaration. The Trial Court as well as the First Appellate Court committed an error in dismissing the suit on the ground that there is a bar and even Trial Court also proceeded to consider Issue Nos.1 and 2 on merits and First Appellate Court did not touch upon the claim of the plaintiffs on merits and only considered the issue of jurisdiction and erroneously confirmed the same.

22. The counsel also relied upon the judgment reported in (2013) 8 SCC 491 in the case of UTTAR PRADESH POWER CORPORATION LIMITED AND OTHERS vs ANIS AHMAD and the counsel referring this judgment would vehemently contend that the Apex Court while dealing with the matter taken note of Section 145 of the Electricity Act specifically bars the jurisdiction of the civil Court to entertain any suit or proceedings in respect of any matter which an assessing officer referred to in Section 126 or an appellate authority referred to in Section 127 of the Electricity Act or the adjudicating officer appointed under the Electricity Act is empowered to determine.

35. This Court would also like to refer to Sections 126 and 127 of the Act, as the issue involved is whether the demand notice issued by the Electricity Board comes within the purview of Section 126 of the Act. Sections 126 and 127 of the Act reads as follows:

"126. Assessment.- (1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use.