Bombay High Court
Suresh Dhondu Bagul And Anr vs Deputy Executive Engineer Maharashtra ... on 3 February, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-AS:6344-DB
19. WP 1026-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1026 OF 2025
Suresh Dhondu Bagul & Anr. ...Petitioners
Versus
Deputy Executive Engineer
Maharashtra State Electricity Distribution Co. Ltd.
& Ors. ...Respondents
__________
Ms. Gulnar Mistry a/w Ms. Komal Shah for Petitioners.
Mr. Sumedh Palsuledesai i/b M.V. Kini & Co. for Respondent Nos.1, 2 and 3.
Mr. Ketan Joshi 'B' Panel Advocate for Respondent-State-4
__________
CORAM : G. S. KULKARNI &
ADVAIT M. SETHNA, JJ.
DATE : 3 FEBRUARY 2025
Oral Judgment (Per. Advait M. Sethna., J) :
1. This is a writ petition under Article 226 of the Constitution of
India, praying for the following substantive reliefs :-
(a) This Hon'ble Court be pleased to issue a Writ of
Certiorari and / or any other appropriate writ, order, direction in
the nature of Certiorari, thereby calling for the records
culminating into the Impugned Order dated 09.02.2024, issued
by Respondent No. 1 (at Exhibit "A" hereto), and after
examining the legality, validity and propriety thereof, be pleased
to quash and set aside the same;
(b) This Hon'ble Court be pleased to issue a Writ of
Mandamus and/or any other appropriate writ, order, direction in
the nature of Mandamus, thereby directing the Respondents to
restore the electricity connection in the premises of Petitioner
No.1 situated at House No. 5/117/1, At post Wada, District
Palghar, Maharashtra, 421303. which was illegally disconnected
by Respondent No. 1.
Rajesh Chittewan, PA Page 1 of 7
::: Uploaded on - 10/02/2025 ::: Downloaded on - 15/02/2025 11:30:59 :::
19. WP 1026-2025.doc
(c) This Hon'ble Court be pleased to issue a Writ of
Mandamus and / or any other appropriate writ, order, direction in
the nature of Mandamus, thereby directing the Respondents to
pass the final assessment order under the Section 126(3) of the
Electricity Act, 2003 or, if the final assessment order has been
passed, directing the Respondents to furnish a copy of the final
assessment order upon the Petitioners in accordance with Section
171 of Electricity Act, 2003;
2. Petitioner No.1 is an individual, a senior citizen and widower, who
is a consumer of the Maharashtra State Electricity Distribution Co. Ltd.
(MSEDCL), using the electricity from the meter no.050511009691,
installed at his residential premises, as set out in the cause title of the
petition.
3. Petitioner no.1 is primarily aggrieved by an order dated 9 January
2024, passed by Respondent No.1, i.e. Deputy Ex. Engineer, MSEDCL,
Wada Division. By the said order, petitioner no.1 was directed to pay an
amount of Rs.53,730/-, as provisionally assessed by respondent No.1,
within 7 days of the impugned order which was passed under the
provisions of Section 126 of the Electricity Act, 2023 ("the Electricity
Act" for short). The petitioner no.1 was prima facie found to be the
unauthorized user of electricity by respondent no.1. The breakup of the
said amount of Rs.53730/-, provisionally assessed under the said order
and found along with the said order in a tabulated form.
4. The impugned order reads thus :-
"Dear Sir/madam,
Rajesh Chittewan, PA Page 2 of 7
::: Uploaded on - 10/02/2025 ::: Downloaded on - 15/02/2025 11:30:59 :::
19. WP 1026-2025.doc
On inspection of the above referred electricity connection, it
was observed that the connection was being used un authorial
as pointed as above.
The above is prima facie indicative of Unauthorized Use of
Energy ("UUE") under Section 126 of the Electricity Act,
2003.
.. In line with the. Tariff Order and the Electricity Act, 2003 &
Amendment Act 2007 this provisional assessment order is
issued calling upon you to pay the amount of Rs.53,730/-
(Fifty three thousand seven hundred thirty rupees Only) as per
this provisional assessment within 7 Days from the date of this
order. An opportunity for personal hearing on date 13.02.2024
& time 15:30 hrs, At MSEDCL Office Wada Sub Divisional At
Wada in front of Rathod Hospital Assessing Officer is given to
your oral/written representation in the case of your
disagreement with this order. The working of the provisional
assessment amount is enclosed herewith...
1) The Spot Inspection Report prepared at sire, was refused to
be accepted by you/your representative...
OR
7) The same were pasted at your premises and photographs
thereof have been taken.
OR
3) Action at para above was not permitted. This the notice is
being sent herewith through Registered post.
DY Ex Engineer SEDECWADA DIVISION"
5. Ms. Gulnar Mistry, learned counsel for petitioner no.1, would
submit that the impugned order has caused irreparable harm to the
petitioner no.1, who is a poor person with limited means, besides being a
senior citizen and a widower. She would submit that the impugned order
of provisional assessment issued under Section 126 of the Electricity Act,
Rajesh Chittewan, PA Page 3 of 7
::: Uploaded on - 10/02/2025 ::: Downloaded on - 15/02/2025 11:30:59 :::
19. WP 1026-2025.doc
has been passed without any basis whatsoever. According to her, there is
no notice issued, as provided under Section 56 of the Electricity Act,
which further renders the impugned order illegal.
6. According to Ms. Mistry, the impugned order entails serious civil
consequences of disconnection of the petitioner's electricity connection,
that too without a prior notice of such disconnection as provided under
section 56(1) of the Electricity Act, causing grave prejudice to petitioner
no.1. She would submit that such action of respondent no.1 is not only
contrary to the provisions of the Electricity Act, but also violates
petitioner no.1's fundamental rights under article 19(a)(b) read with the
constitutional right to property guaranteed under Article 300A of the
Constitution of India.
7. We have heard learned counsel for the parties and with their
assistance, perused the record. We have also perused the impugned order
dated 9 February 2024 passed by respondent no.1.
8. After hearing the learned counsel for sometime, in our view, it is
evident that the impugned order is in the nature of provisional assessment
order, pending finalization. Such fact is neither disputed nor controverted
by respondent no.1. We may at this juncture refer to the provisions of
section 126 of the Electricity Act, which reads thus :-
Section 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
Rajesh Chittewan, PA Page 4 of 7
::: Uploaded on - 10/02/2025 ::: Downloaded on - 15/02/2025 11:30:59 :::
19. WP 1026-2025.doc
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 judgement
the electricity charges payable by such person or by any other
person benefited by such use.
(2) The order of provisional assessment shall be served
upon the person in occupation or possession or in charge
of the place or premises in such manner as may be
prescribed.
[(3) The person, on whom an order has been served
under sub- section (2) shall be entitled to file objections, if
any, against the provisional assessment before the assessing
officer, who shall, after affording a reasonable opportunity
of hearing to such person, pass a final order of assessment
within thirty days from the date of service of such order of
provisional assessment of the electricity charges payable by
such person.]
(4) Any person served with the order of provisional
assessment, may, accept such assessment and deposit the
assessed amount with the licensee
within seven days of service of such provisional assessment
order upon him:
[(5) If the assessing officer reaches to the conclusion that
unauthorised use of electricity has taken place, the
assessment shall be made for the entire period during
which such unauthorized use of electricity has taken place
and if, however, the period during which such
unauthorised use of electricity has taken place cannot be
ascertained, such period shall be limited to a period of
twelve months immediately preceding the date of
inspection.]
(6) The assessment under this section shall be made at a
rate equal to [twice] the tariff rates applicable for the
relevant category of services specified in sub-section (5).
Explanation.- For the purposes of this section,-
(a) "assessing officer" means an officer of a State
Government or Board or
licensee, as the case may be, designated as such by the
State Government;
(b) "unauthorised use of electricity" means the usage of
electricity -
(i) by any artificial means; or
(ii) by a means not authorised by the concerned person or
Rajesh Chittewan, PA Page 5 of 7
::: Uploaded on - 10/02/2025 ::: Downloaded on - 15/02/2025 11:30:59 :::
19. WP 1026-2025.doc
authority or licensee; or
(iii) through a tampered meter; or
[(iv) for the purpose other than for which the usage of
electricity was authorised; or
(v) for the premises or areas other than those for which the
supply of electricity was authorized."]
9. From a perusal of the said provision, we find that in the present
case, the assessment of the amount of electricity charges due and payable
by petitioner no.1 is pending finalization. In this regard, section 126(3)
categorically provides for affording a reasonable opportunity of hearing
the person concerned and subsequent thereto, passing the final order of
assessment, within a period of 30 days as stipulated under the said
provision.
10. At this stage, Ms. Mistry after taking instructions, would submit
that her client would deposit of Rs.25,000/- on a without prejudice basis
with respondent no.1, who would after hearing petitioner no.1 pass
appropriate order to finalize the assessment in accordance with law and
the provisions of section 126 of the Electricity Act.
11. Considering the factual complexion of the present case as also that
petitioner no.1 is a senior citizen and a person with limited means, as
stated by Ms. Mistry, in our view, the following order would meet the
ends of justice.
:ORDER:
(i) Respondent No.1 is directed to finalize the assessment within a period of four weeks from the Rajesh Chittewan, PA Page 6 of 7 ::: Uploaded on - 10/02/2025 ::: Downloaded on - 15/02/2025 11:30:59 :::
19. WP 1026-2025.doc date of this order is made available to respondent no.1, after hearing the parties, as stipulated under section 126 of the Electricity Act and in accordance with law.
(ii) Petitioner no.1 shall deposit a sum of Rs.25,000/-
with Respondent No.1 within a period of two days from the date of this order is made available. Subject to such compliance the electric connection of petitioner no.1, which is disconnected shall be restored. Needless to state that such deposit is without prejudice to the rights and contentions of petitioner no.1, before the said respondent no.1 for finalizing the assessment.
(v) All contentions of the parties are expressly kept open. We make it clear that we have not make any observations on the merits of the matter.
(vi) Petition is disposed of in the above terms.
[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]
Rajesh Chittewan, PA Page 7 of 7
Digitally signed by
RAJESH RAJESH VASANT
VASANT CHITTEWAN
CHITTEWAN Date: 2025.02.10
13:45:37 +0530
::: Uploaded on - 10/02/2025 ::: Downloaded on - 15/02/2025 11:30:59 :::