Case Note & Summary
The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superintending Engineer (Appellate Authority) under Section 126 of the Electricity Act, 2003 for alleged theft of electricity. The petitioners contended that the assessment orders were passed without giving them a proper opportunity of hearing and that the provisional assessment notices were not served correctly. The respondents, including the consumers and the appellate authority, argued that the assessment was done in accordance with law. The court examined the records and found that the petitioners were not given adequate opportunity to present their case. The court held that the assessment orders were in violation of principles of natural justice and set them aside. The court directed the respondents to give a fresh opportunity of hearing to the petitioners and pass fresh assessment orders in accordance with law. The writ petitions were allowed with no order as to costs.
Headnote
A) Electricity Law - Theft of Electricity - Assessment under Section 126 - Natural Justice - The petitioners challenged assessment orders for alleged theft of electricity on the ground that they were not given a proper opportunity of hearing and the provisional assessment was not served correctly - The court held that the assessment orders were passed in violation of principles of natural justice and set them aside - The respondents were directed to give a fresh opportunity of hearing to the petitioners before passing fresh assessment orders (Paras 1-10).
Issue of Consideration
Whether the assessment orders passed under Section 126 of the Electricity Act, 2003 for alleged theft of electricity are sustainable when the consumer was not given a proper opportunity of hearing and the provisional assessment was not served correctly.
Final Decision
The writ petitions are allowed. The assessment orders are set aside. The respondents are directed to give a fresh opportunity of hearing to the petitioners and pass fresh assessment orders in accordance with law. No order as to costs.
Law Points
- Natural Justice
- Right to be heard
- Electricity Theft Assessment
- Section 126 Electricity Act 2003
- Provisional Assessment
- Final Assessment
- Opportunity of hearing
