Rakesh Kumar Jain, J. - (1.) Petitioner No. 1 is the owner of the poultry farm (for short 'the premises') and petitioner No. 2 is occupying it as a tenant, in which there is an electricity connection bearing No. SP -010055A. The said premises was inspected by the officials of the respondents on 10.10.2013 between 13.10 p.m. to 14.03 p.m. and as per their report, the petitioners were found indulging in theft of electricity, consequently, a case bearing FIR No. 2234 dated 14.10.2013 was registered against the petitioners in Police Station, INP, PS, Jind. On 10.10.2013, electricity connection of the petitioners' premises was disconnected and a demand of Rs. 1037403/ - towards theft of electricity and Rs. 38,000/ - towards compounding charges was raised. The petitioners have challenged the order dated 10.10.2013 passed under Sec. 135 of the Electricity Act, 2003 (for short 'the Act') and the notice issued under Sec. 135 read with Sec. 152 of the Act, asking the petitioner to pay the said amount which is alleged to be exorbitant and in violation of the principles of natural justice, as no opportunity of being heard was given to the petitioners before passing the order dated 10.10.2013 vide which the amount of theft of energy was assessed to the tune of Rs. 1037403/ -.
(2.) Learned counsel for the petitioners has basically relied upon 3rd proviso of Sec. 135(1 -A) of the Act which reads as under: - - "Provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this Act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty -eight hours of such deposit or payment."
(3.) It is submitted that it is incumbent upon the respondents to have given a show cause notice to the petitioners or should have allowed the petitioners to join the proceedings of assessment of the amount of theft of electricity as it is stipulated in the aforesaid proviso that the assessment has to be made in accordance with the provisions of this Act. In this regard he has referred to the other provisions of the Act, namely, Sec. 126 which deals with the assessment. The said Sec. 126 of the Act is also reproduced as under: - - "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 records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess to the best of his judgment 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 unauthorised 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 Sec. shall be made at a rate equal to (twice) the tariff applicable for the relevant category of services specified in sub -section (5).";