Citation Name: 2023 YLR 302 PESHAWAR-HIGH-COURTBookmark this Case PESCO through Chief Executive PESCO vs MOHIB

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2023 YLR 302 PESHAWAR-HIGH-COURTBookmark this Case PESCO through Chief Executive PESCO VS MOHIB ULLAH KHAN S. 26-a---Dishonest abstraction or consumption of energy--- Theft of electricity---Scope---In case of theft of electricity or illegal abstraction of energy through by passing metering equipments, the Electric Inspector has no jurisdiction to adjudicate upon a dispute---Only the court of plenary jurisdiction can resolve such a controversy. Citation Name: 2023 YLR 302 PESHAWAR-HIGH-COURTBookmark this Case PESCO through Chief Executive PESCO VS MOHIB ULLAH KHAN Ss. 26 & 26-a---Civil Procedure Code (V of 1908), S. 9---Dishonest abstraction or consumption of energy---Dispute as to electricity bill---Detection bill, issuance of---Jurisdiction of Electric Inspector---Scope--- Whenever, licensee and a consumer feel themselves aggrieved by the working of metering equipments then jurisdiction would lie with the Electric Inspector and that of the Civil Court would be barred, but for that, the basic requirement would be whenever the licensee consider any dispute to be in relation to the metering equipments and not otherwise because in that case the licensee cannot of its own issue any assessment bill to the consumer directly without getting the same adjudicated upon by the Electric Inspector within the stipulated time and if the licensee considers otherwise than approaching the Electric Inspector for settlement of dispute and issue an assessment bill to the consumer, then it cannot be construed to have been issued under S.26(6) rather the same will be considered to have been issued under the provision of S. 26-a of Electricity act, 1910, which allows the department to send an assessment bill to a consumer if the same does not pertain to a dispute relating to working or otherwise of the metering equipment---Once an assessment bill on whatever premise has been issued to the consumer without any order from the Electric Inspector, the same, however, would not be immune from being challenged in the competent court of civil jurisdiction. Citation Name: 2023 YLR 302 PESHAWAR-HIGH-COURTBookmark this Case PESCO through Chief Executive PESCO VS MOHIB ULLAH KHAN S. 26-a---Dishonest abstraction or consumption of energy--- Scope---Section 26-a of the Electricity act, 1910, does not empower the Electric Inspector to take cognizance of any allegation by a licensee of dishonest abstraction or consumption of energy by the consumer, as unlike the preceding statutory provisions, it does not make any reference to Electric Inspector. Citation Name: 2023 YLR 302 PESHAWAR-HIGH-COURTBookmark this Case PESCO through Chief Executive PESCO VS MOHIB ULLAH KHAN S. 26---Dispute as to electricity bill---Scope---Bare perusal of S. 26(6) of Electricity Act, 1910 transpires that where any difference or dispute arises between a licensee and a consumer as to whether any meter, maximum demand indicator or other measuring apparatus is or is not correct the matter shall be decided, upon the application of either party, by an Electric Inspector, within a period of ninety days from the date of receipt of such application, after affording the parties an opportunity of being heard.

Citation Name: 2023 YLR 302 PESHAWAR-HIGH-COURTBookmark this Case PESCO through Chief Executive PESCO vs MOHIB ULLAH KHAN S — 2023 YLR 302 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 YLR