APHC010062082019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 529/2019 Between: 1. THE EASTERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED, , REPRESENTED BY THE ASSISTANT DIVISIONAL ENGINEER, OPERATION/RURAL/KAKINADA. ...APPELLANT AND 1. KARNASULA SATYANARAYANAMMA, W/o Seetharamanjaneyulu, Sc.No.1451460205001202 of Gurajanapalli Village ,Karapa Mandal ...RESPONDENT Appeal Under Section_____against orderspleased to allow the appeal and set aside the order dated 26.09.2018 in OS.SR.No.1168 of 2018 on the file of the Special Court under Indian Electricity Act 2003 cum 1St Additional District Judge, East Godavari, at Rajamahendravaram and pass IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay 249 days in representation of the CMASR.No. 4375of 2019 in OSSR.No.1168 of 2018 and to pass IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 28 days in filing the appeal against the order dated 2 VS,J C.M.A.No.529 of 2019 26.09.2018 in O.S.SR.No. 1168 of 2018 on the file of the Special Court Under Indian Electricity Act 2003 cum 1st Additional District Judge, East Godavari at Rajamahendravaram and pass Counsel for the Appellant: 1. V V SATISH (SC for APEPDCL) Counsel for the Respondent: 1. N SIVA REDDY The Court made the following: 3 VS,J C.M.A.No.529 of 2019 J U D G M E N T: The appellant filed the present Civil Miscellaneous Appeal, aggrieved by the order dated 26.09.2018 passed in O.S.SR.No.1168 of 2018 on the file of the Special Court under the Indian Electricity Act 2003-cum-I Additional District Judge, East Godavari at Rajamahendravaram. 2. Brief facts of the case are that the respondent is a consumer of electricity under Service connection No.1451460205001202 falling under „Category-LT3(A)(I) Industrial Normal of Gurajanapally Village, Karapa Section. On 22.08.2015, an inspection was conducted by A.E./D.P.E.-1/RJY in respect of the aforesaid service connection of the respondent. During the inspection, the inspecting officer noticed that about 10 meters length of wires were directly connected from the Distribution Transformer LT HG fuse set to the meter outgoing fuse carriers, thereby bypassing the energy meter and preventing the energy consumed from being recorded in the meter. Thus, the inspecting officer prima facie concluded that the respondent had dishonestly indulged in theft of energy by meddling with the meter and preventing the recording of the consumption of electricity utilized by him. The inspecting officer prepared inspection notes by recording his findings and the particulars of the total connected load during the course of inspection and served a copy of the said inspection notes on the representative of the respondent. 3. Thereupon, the inspecting officer prepared an inspection report dated 22.08.2015 and made an assessment of the loss sustained by APEPDC 4 VS,J C.M.A.No.529 of 2019 Limited, including supervision charges and reconnection charges, in a sum of Rs.9,68,930.40/-. The same was communicated to the applicant for taking further action for recovery of the value of the energy pilfered. By virtue of the powers vested in him under the General Terms and Conditions of supply, he demanded payment of Rs.9,68,930.40/- towards the value of the energy pilfered under a provisional assessment notice dated 26.08.2015, providing an option to the respondent to pay 50% of the assessed amount plus reconnection charges and supervision charges if the respondent was desirous of restoration of supply, and to pay balance 50% amount in installments pending final determination of civil liability under Section 154(5) of the Electricity Act read with the General Terms and Conditions of Supply. Further, a criminal case was registered by the APTS Police against the respondent on the complaint lodged by the inspecting officer for the offence of theft of energy by the respondent punishable under Section 135 of the Electricity Act. 4. It is further stated that the respondent, even without making payment of 50% of the provisional assessment amount, approached this Court by filing W.P.No.29422 of 2015 questioning the validity of the provisional assessment notice dated 26.08.2015 and seeking a direction not to disconnect the service connection pending disposal of the writ petition. This Court, by an order dated 10.09.2015, while disposing of the writ petition, directed restoration of power supply subject to the condition of payment of 50% of the amount towards the value of the energy pilfered and further directed the petitioner to refer the dispute relating to final liability under Section 154(5) of the Act to the 5 VS,J C.M.A.No.529 of 2019 competent Court. However, the Special Court raised an objection with regard to the maintainability of suit/application under Section 154(5) of A.P. Electricity Act for determination of civil liability. 5. It is stated that the appellant re-submitted the suit/application with an endorsement stating that the explanation to sub-Section (6) of Section 154 of the Act defines “civil liability” as loss of damage incurred by the Electricity Board due to the commission of an offence referred to in Sections 135 to 139 of the Act. As per the definition of civil liability under the explanation to Section 154(6) of the Act, the term „civil liability‟ under Section 154(5) refers to civil liability arising due to the commission of offences referred to in Sections 135 to 139. Therefore, the Special Court is invested with the power to determine the civil liability against a consumer like the respondent herein who has indulged in theft of energy. 6. After careful consideration of the oral and documentary evidence, the Court below returned the application on the ground that only a crime was registered and no charge sheet or report under Section 173 Cr.P.C. was filed and, therefore, when the matter had not reached the stage of disposal of the criminal case, the question of determination of civil liability does not arise. Thus, the Electricity Application O.S. filed by the appellant was unsustainable. 7. Heard V.V.Satish, learned counsel for the appellant and Mr.N.Siva Reddy, learned counsel for respondent. 6 VS,J C.M.A.No.529 of 2019 8. Learned counsel for the appellant has furnished a copy of the order dated 19.12.2023 passed by this Court in C.M.A.No.514 of 2019, wherein, under similar circumstances, the application submitted by the appellant was dismissed on similar grounds. In the said case, this Court allowed the appeal by setting aside the impugned order on the ground that the criminal case and the civil liability stand on independent footing and the same cannot be interlinked with each other, and that the civil liability is to be determined independently by the Special Court under Sections 153 and 154 of the Indian Electricity Act. The operative portion of the said order reads as follows: “Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the Order dated 26.09.2018, passed in O.S.SR.No.1355 of 2018, on the file of Special Court under Indian Electricity Act, 2003-Cum-I Additional District Judge, East Godavari, at Rajamahendravaram, and remanded the matter back to the Court below for fresh consideration. Further, the Court below is directed to complete the trial and conclude the enquiry and pass appropriate reasoned order, in accordance with law, by affording an opportunity to the appellant, as expeditiously as possible, from the date of receipt of a copy of the order.” 9. In view of the same and for the reasons alike in the aforesaid order, this Civil Miscellaneous Appeal is also allowed in terms of the order dated 19.12.2023 passed by this Court in C.M.A.No.514 of 2019. There shall be no order as to costs. 7 VS,J C.M.A.No.529 of 2019 10. Registry is directed to attach a copy of the order in C.M.A.No.514 of 2019 dated 19.12.2023, to this order. There shall be no order as to costs. Consequently, pending miscellaneous applications, if any, shall stand closed. ____________________ JUSTICE V.SUJATHA Dated: 19.02.2026 KGR