Heard Sri Syed Ishtiyaq Ahmad, learned counsel for the petitioner.
This is defendants' petition. The petitioner, who is an Executive Engineer, Electricity Distribution Division-II, Shahjahanpur has come up to this Court challenging the order of permanent Lok Adalat dated 9.7.2014. A suit being PLA No. 17 of 2014 was filed by the consumers Ram Chandra and Ram Devi against an order of assessment under Section 126 of the Electricity Code, 2003.
Learned counsel for the petitioner submits that against the assessment, the consumer has remedy of filing an appeal under Section 127 of the said Act. Learned counsel for the petitioner further submits that the said suit is expressly barred under Section 145 of the said Act, as such, Lok Adalat has no jurisdiction to pass an order without deciding the question of jurisdiction.
Learned counsel for the petitioner has further relied upon a judgment of this Court in case of M/s. Torrent Power Ltd. Vs. State of U.P. & others reported in 2014 (1) ADJ 563 wherein paragraphs no.25, 26 and 27 held as under:
"25.Thus, where a dispute which is an offence, but is compoundable can be entertained by the Permanent Lok Adalat for the purpose of conciliation and settlement but, upon failure, the Permanent Lok Adalat cannot proceed to decide such matters on merit, if it relates to an offence irrespective of the fact as to whether it is compoundable or not. If the dispute relates to an offence, the Permanent Lok Adalat will have no jurisdiction to decide the matter on merits.
26 In the light of the aforesaid, the matter relating to theft of energy is an offence under the Electricity Act, 2003 and even though such offence is compoundable, the Permanent Lok Adalat has the jurisdiction to entertain the dispute for the purpose of conciliation and settlement but upon its failure, the Permanent Lok Adalat could not proceed to decide the matter on merits.
27 In the present case, the Permanent Lok Adalat has decided the matter on merits, which is without jurisdiction. In the light of the aforesaid, the impugned award of the Permanent Lok Adalat cannot be sustained and is quashed. The writ petition is allowed."
The matter requires consideration.
Issue notice to the respondents returnable at an early date.
Learned counsel for the petitioner will take steps for service of notice upon the respondents within a week.
List after service of notice.
Till the next date of listing, the operation of the impugned order of Permanent Lok Adalat in PLA No. 17/2014 dated 9.7.2014 shall remain stayed.
Order Date :- 15.9.2014 SKM