- (1.) The Government of Punjab in the Department of Home Affairs and Justice (Judicial-I Branch) issued notification dated 03rd December, 2008 in exercise of its power conferred by sub-section (1) of S.153 of the Electricity Act, 2003 (for short "the Act") (Central Act No.36 of 2003) and all other powers enabling the Governor of Punjab to constitute all the Courts of Additional Sessions Judges of every Sessions Division in the State of Punjab as Special Courts, for the purpose of providing speedy trial of the offences referred to in Ss.135 to 140 and S.150 of the Act. Further, in exercise of power conferred by S.153(2) of the Act and with the concurrence of the High Court of Punjab and Haryana, at Chandigarh the Governor of Punjab has been pleased to appoint every Additional Sessions Judge of every Sessions Division in the State of Punjab as Judge of the Special Court so constituted.
(2.) The background of the case is that the respondent Punjab State Power Corporation Limited ('PSPCL') raised a demand of Rs.1,14,982/- against the petitioner vide notice dated 10th December, 2012 on account of alleged theft of electricity through an electric connection sanctioned to feed a tubewell for agricultural purposes. The petitioner objected to the demand before the designated authority and the amount after hearing him was reduced to Rs.86,184/-.
(3.) Dissatisfied, the petitioner filed a civil suit challenging the memo dated 10th December, 2012 as illegal. The Civil Judge (Junior Division), Bathinda returned the plaint holding that the plaintiff should have availed remedy provided under the Electricity Act, 2003 for redressal of the grievance. The plaint was not entertained citing S.153 of the Act which mandates that matters falling under Ss.135 to 140 and S.150 are to be dealt with only by Special Courts constituted under S.153. The trial Judge passed the order on 02nd September, 2013.;