under Section 153 of the Electricity
Act, as per the procedure prescribed under Section 154 of the Electricity
Act.
Counsel for the petitioner-Corporation ... Electricity Act, had been registered against
respondent no.1. The provisions of Section 154 of the Electricity Act, will
come into operation in case
claim as per law on merits u/s 127 of the
Electricity Act. It is an admitted fact that the petitioner has deposited ... considered opinion that the
appeal of the petitioner u/s 127 of the Electricity Act deserves adjudication
on merits. Accordingly, the petition is allowed. Impugned
impugned order dated 22.03.2024 (Annexure P-7)
passed under Section 127 of the Electricity Act, 2003 by the Appellate Authority,
Punjab State Transmission Corporation Limited ... Electricity Act, 2003. The sub-tenants become consumers under Section 2(15) of
the Electricity Act, 2003 on being supplied with electricity for their
Divisional
Magistrate, exercising the powers of Appellate Authority under Section 127
of the Electricity Act, 2003. The said appellate powers have been conferred
upon ... Electricity Act, 2003. The demand made in the present case being one under
Section 135 (1A) of the Electricity Act, 2003, the appellate remedy
Electricity Act, 2003 however, in its import and
application, the said assessment & demand cannot be read beyond 135 (1) (A)
of the Electricity Act ... Electricity Act, 2003-the same is not a
demand of civil liability at par under Section 126 of the Electricity Act, 2003.
The recovery
electricity and
accordingly, the notice under Section 126 of the Electricity Act,
2003 was issued to the petitioner for unauthorized use of
electricity ... Electricity Act, 2003 ."
It thus leaves no doubt that the case was one of UUE under Section
126 of the Electricity Act
Supply Code of 2014 read with Section 126 / 127 of the Electricity Act,
2003.
Upon consideration of the submissions advanced by the
respective parties ... Electricity. Regulation 36 of the Punjab Electricity Supply Code
2014 defines Unauthorised Use Of Electricity as under:-
"36. UNAUTHORIZED USE OF ELECTRICITY
Under Section
Appellate Authority in exercise of the power
under Section 127 of the Electricity Act, 2003 whereby the appeal against
the final order of assessment ... information could be sought. The appeal in question under
Section 127 of the Electricity Act, 2003, could be filed only after copy of
order
Since the electricity supply was restored later, the above said writ
petition was withdrawn. The appeal under Section 127 of the Electricity Act ... Electricity Act, 2003 as per
which if the electricity is being supplied to premises other than the premises for
which the electricity connection was released
remedy of appeal that was available
under Section 127 of the Electricity Act, 2003. The order dated 19.11.2015
while disposing of CWP No.1878 ... petitioner against the orders passed by the authorities
under Section 127 of the Electricity Act, 2003.
Be that as it may, the fact remains that
