- (1.) In this writ petition following reliefs were claimed by the petitioners:- (i) Issue writ order or direction in the nature of mandamus commanding the opposite parties UPPCL to raise the demand of civil liability at the time of final judgment of complaint case no. 109 of 2006. (ii) Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 17.9.2012 passed by Special Court/ ADJ Court. (iii) Issue writ, order or direction in the nature of mandamus commanding the opp. Parties Special Court that civil liability be imposed after final conclusion of trial of complaint case No. 109 of 2006 and liability be imposed after considering that petitioner is guilty for theft of electricity or not. (iv) Issue writ order or direction in the nature of mandamus commanding the opp. Parties that civil and criminal punishment be imposed at the same time on the final conclusion of complaint case No. 109 of 2006 by the Special Court. FACTS
(2.) The brief facts to decide this writ petition are that for the alleged offence of committing theft of electricity a complaint has been filed u/s 135 of the Electricity Act (for short 'Act') against M/s Parsadi Lal Tussi Ram Cold Storage Pvt. Ltd. and its owner. The accused persons were having 180 KVA power electric connection for cold storage. On 18.11.2004 the officers of Electricity Department raided the cold storage. Several irregularities were found and it was also found that there was electric theft. In pursuance of Section 126 of the Act liability of Rs. 28,79,572/- was fixed by the Department. Against this aforesaid liability accused person approached Electricity Regularity Commission (in short ERC). On 9th of March, 2005 the ERC passed the order that a case u/s 135 Electricity Act be filed against the accused persons because it is a case of electricity theft. After this order in pursuance of power conferred u/s 135 (1)A Electricity Act the assessment was made in terms of Code 2005. This liability was of Rs. 56,79,572/-. The respondent no. 1 moved an application u/s 154((4) of the Act before Special Court for fixing the civil liability. When this was not fixed by the Special Court a writ petition has been filed in the Hon'ble High Court by accused persons with a prayer for issuing mandamus commanding the special court to dispose of the complaint case no. 109 of 2006 expeditiously and further prayed therein for issuing direction in the nature of mandamus commanding the Special Court to dispose of the application 96(c) filed by complainant/respondent no. 1 for fixing the civil liability u/s 154 of the Act. Further direction was also sought in the nature of mandamus commanding the opposite parties / respondents not to initiate recovery proceedings against the petitioner till the disposal of application 96(G) filed by respondents. This writ petition having no. 4079 (M/S) of 2008 was allowed partly by this court vide its order dated 22.08.2009 (Annexure-4 to this petition). The relief granted in the writ petition is extracted below:- "For the reasons mentioned above, it will be just and proper in the facts and circumstances of the case to dispose of this writ petition with a direction to the court concerned to pass order for fixing the civil liability on the application moved by opposite party No.2 under section 154(4) [Probably 154(5)] of the Electricity Act. Regarding the stay of the recovery proceedings till the disposal of application , this prayer will be considered by the court concerned expeditiously within the stipulated time. Hence ,the writ petition is disposed of finally. The Special Judge ,Hathras is directed to dispose of the application moved on behalf of opposite party no.2 under section 154(4) of the Electricity Act 2003[Probably 154(5)] in complaint case no.109/2006,H.S.Agarwal Vs. Parsadiram Tulssiram Cold Storage, Binana, P.S.Chandpa expeditiously. The Special Judge shall also pass order for staying the recovery proceedings till the disposal of the application and the application shall be decided within the reasonable time and in case more time is consumed ,then the stay will be granted for recovery of the proceedings."
(3.) Later on, in pursuance of the order passed by this court in aforesaid writ petition, the Special Court fixed the civil liability of Rs. 56,79,572/- by impugned order dated 17.9.2012 and directed the accused persons to pay within a month. It was also directed by the Special Court in the impugned order that amount already deposited by the accused persons shall subject to adjustment.;