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6. The controversy giving rise to the appeals and the writ petitions was whether the provisions of Sections 126 and 127 for assessment and appeal relating to unauthorised use of electricity in Part XII of the Act are also applicable to theft cases defined in Part XIV of the Act or whether the licensee's power to recover charges in theft cases was governed only by the provisions contained in Parts XIV and XV.

While Hon'ble M/s Justice AL Dave and Justice Jayant Patel took the view that even in the cases of theft of electricity, assessment is required to be made under the provisions of Section 126 of the Act and such assessment would be appealable under Section 127 of the Act, that Section 135 of the Act is aimed at prosecution of consumers indulging in theft of electricity but Sections 50 and 135 do not contemplate issuance of a bill in theft cases and that under Section 145 jurisdiction of Civil Court is not excluded where the licensee has not acted in accordance with the provisions of the Act or has acted in violation of the principles of natural justice.

20.5 During the entire period from 10th December 2004 to 13th December 2005, ordinarily the jurisdiction of civil Court would have been barred as per the discussion in paras 15 to 17 of this judgment, but taking the view that the remedy of the aggrieved party would be before the Special Court would expose the party to determination of civil liability by the Special Court under Section 154(5) at two times the applicable tariff for a maximum period of 12 months. Therefore, during this period it cannot be said that the aggrieved party could be expected to avail a remedy which would expose him to harsher consequences. Similarly the consumers falling in this category will not be in a position to approach the appellate committee under Section 127 in view of our holding that assessment in theft cases is not covered by Section 126 of the Act and in view of the provisions of the Government notification dated 1.3.2005 (containing the guidelines for admitting and hearing of the appeals under Section 127 of the Electricity Act, 2003) specifically excluding theft cases from the purview of appeals. Hence, aggrieved parties falling in this category cannot be prevented from moving Civil Court.