The Madhya Pradesh High Court has set aside an order imposing a civil liability of ₹1,16,734 on a consumer under the Electricity Act, 2003, holding that such a determination can only be made by the Special Court constituted under the statute. Justice Milind Ramesh Phadke ruled that electricity authorities exceeded their legal powers by directly assessing the liability.
Background of the Case
The petition was filed by Narendra Kumar Ojha, challenging an order dated December 19, 2023, passed by the Officer In-charge of MPMKVVCL, O&M Circle, Guna. The authority had invoked Section 135 of the Electricity Act, 2003, and directed him to deposit ₹1,16,734 as civil liability. The petitioner argued that while Section 135 deals with offences relating to electricity theft, the power to determine civil liability lies exclusively with the Special Court under Section 154(5) of the Act.
Court's Observation
After examining Sections 135 and 154 of the Electricity Act, Justice Phadke agreed with the petitioner's contention.
The bench observed,
“The Special Court is even empowered to determine the civil liability against the consumer... the authorities could not have usurped such powers and could not have determined the liability.”
The Court noted that offences under Section 135 are triable by the Special Court and that Section 154(5) specifically authorizes that court to assess civil liability arising from such cases.
It also relied on the earlier decision in Sangita wd/o Suresh Chandra Gupta and Another v. State of M.P. in support of this interpretation.
Decision
Holding that the electricity authorities had acted beyond the powers granted under the Electricity Act, the High Court quashed the final assessment order dated December 19, 2023.
At the same time, the Court clarified that the respondents are free to approach the competent Special Court under Section 154 of the Act for determination of civil liability in accordance with law.
The writ petition was accordingly allowed and disposed of.
Case Details
Case Title: Narendra Kumar Ojha v. State of Madhya Pradesh and Others
Case Number: Writ Petition No. 28733 of 2025
Judge: Justice Milind Ramesh Phadke
Decision Date: July 21, 2026
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