SUNITA DEVI v. UHBVN LTD & Ors.

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Madan Pal, Advocate for the appellant. Mr. Madan Pal, Advocate for the appellant. Mr. Mr. S.K. Mahajan, Advocate for the Mr. S.K. Mahajan, Advocate for the respondents. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA ****

1. challenge has been laid to the By way of present appeal, challenge has been laid to the challenge has been laid to the By way of present appeal, judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the Courts below, whereby, a suit filed at the instance of plaintiff-appellant came Courts below, whereby, a suit filed at the instance of Courts below, whereby, a suit filed at the instance of dismissed. to be dismissed.

2. Learned counsel for the respondents Learned counsel for the respondents relies upon a decision dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a bunch of appeals with lead case RSA-4181-2016 bunch of appeals with lead case 2016, titled as “Mahesh Kumar Mahesh Kumar ”, to contend that jurisdiction of Versus Sub Divisional Officer & another”, to contend that jurisdiction of ”, to contend that jurisdiction of Versus Sub Divisional Officer & another ertain the suit preferred at the instance of the Civil Court is barred to entertain the suit preferred at the instance of ertain the suit preferred at the instance of the Civil Court is barred to ent respondents, in terms of Section 145 of the Electricity Act, 2003 and for the respondents, in terms of Section 145 of the Electricity Act, 2003 and for the respondents, in terms of Section 145 of the Electricity Act, 2003 and for the respondents, in terms of Section 145 of the Electricity Act, 2003 and for the said purpose, relevant paragraphs No.31 to 33 thereof are extracted said purpose, relevant paragraphs No.31 to 33 thereof are extracted said purpose, relevant paragraphs No.31 to 33 thereof are extracted said purpose, relevant paragraphs No.31 to 33 thereof are extracted hereunder:- “ 31. Therefore, the sweep, and, plenitude of Sectio n 145, thus in the Therefore, the sweep, and, plenitude of Section 145, thus in the spoken thereins manner, naturally completely ousts the jurisdiction of the Civil spoken thereins manner, naturally completely ousts the jurisdiction of the Civil spoken thereins manner, naturally completely ousts the jurisdiction of the Civil Courts. The said ouster, as becomes gathered by this Court, through the Courts. The said ouster, as becomes gathered by this Court, through the Courts. The said ouster, as becomes gathered by this Court, through the makings of an insightful interpretation of the supra phrases, which occur makings of an insightful interpretation of the supra phrases, which occur makings of an insightful interpretation of the supra phrases, which occur but is a specific ouster, leaving no room at all for any inference qua thereins, but is a specific ouster, leaving no room at all for any inference qua but is a specific ouster, leaving no room at all for any inference qua any implied ousters becoming created. Though, the said ouster, as occurs in any implied ousters becoming created. Though, the said ouster, as occurs in any implied ousters becoming created. Though, the said ouster, as occurs in the initial segment but relates to certain matters specifically delineated the initial segment but relates to certain matters specifically delineated the initial segment but relates to certain matters specifically delineated nt, as carried thereins, is separately thereins, but since the last segment, as carried thereins, is separately thereins, but since the last segme engrafted thereins, as the word ‘and’ separates the last segment from the engrafted thereins, as the word ‘and’ separates the last segment from the TEJWINDER SINGH 2026.01.19 18:01 I agree to specified portions of this document RSA-1913-2023 -2- prior thereto three segments. Resultantly, the sweep of the last segment but takes within its ambit, sweep or clout, thus all those matters, which remain unspoken in the prior thereto segments.

32. Naturally therebys, in terms of the supra purposive interpretation assigned by this Court to the last segment of Section 145 of the Act of 2003, therebys all actions taken or proposed to be taken by any authority, thus in pursuance to powers conferred by or under this Act, rather cover all such matters, which are detailed in extenso in the Act of 2003. In sequel therebys but naturally all the actionable matters become amenable for exercisings of jurisdiction thereovers by the statutorily created special authorities/special bodies, wherebys in respect thereof, thus there is complete ouster of adjudicatory jurisdiction by the Civil Courts concerned.

33. In consequence, there is no restriction, as such created by Section 145 of the Act of 2003, vis-a-vis only the three segments (supra) which occur thereins, but the ouster of adjudicatory jurisdiction of the Civil Courts, rather through the last segment which occurs thereins, but does cover all the subject matters, in respect whereof action becomes initiated, or where actions are proposed to be contemplated against the errant concerned. In summa, therebys not only in respect of Section 126 and Section 127 of the Act of 2003 but also in respect of the matters falling within the ambit of Section 135 of the Act of 2003, there is complete ouster of jurisdiction of the Civil Courts”.

3. Learned counsel for the respondent-plaintiff is not in a position to dispute the factual and legal position.

4. In view of the above, the present appeal is dismissed and the judgments and decrees passed by the learned trial Court as well as learned First Appellate Court are hereby set aside. However, the parties shall be at liberty to take recourse to the appropriate remedy as available, in accordance with law.

5. It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would not operate as res judicata in any subsequent proceedings.

6. No orders are required to be passed the pending application(s), the same shall stand disposed of.

15.01.2026 Tejwinder Whether speaking/reasoned Whether Reportable (HARKESH MANUJA) JUDGE Yes/No Yes/No TEJWINDER SINGH 2026.01.19 18:01 I agree to specified portions of this document