Electricity Theft – Restoration of Power Supply on 50% deposit
Judgment dated 3.11.2026 of the High Court of Bombay in Writ Petition No.2573 of 2026 of Sopan Haribhau Athshere Vs. The Superintendent Engineer, Maharashtra State Electricity Distribution Company Ltd and others
Electricity Theft – Interim Relief for Reconnection
On 18.12.2024, the flying squad of the Electricity Department had visited the stone crusher site of the petitioner at Savargaon Tq. Yeola District Nasik.
The inspection revealed that, a Kit-Kat fuse/cut-out provided before the meter had been removed and the outgoing supply was diverted directly to another meter’s incoming terminal, thereby bypassing the metering equipment for connection bearing Consumer No. 061548005271. A spot inspection report was prepared.
3.3 A report was submitted to the Additional Executive Engineer, MSEDCL on 23rd December, 2024 to assess the theft of units of electricity under Section 135 of the Electricity Act, 2003. The Respondent No. 3 reported that, the period of theft was of 22 months i.e. between February, 2023 and November, 2024 and the net assessed units were 1,23,855, after deducting the billed units of 16,978. On the basis of said report, Assistant Deputy Executive Engineer, MSEDCL, Yeola Sub-Division (R-4), issued a bill on 27th December, 2024 in the sum of Rs.22,93,410/- (Rupees Twenty Two Lakhs Ninety Three Thousand Four Hundred and Ten only) towards the theft of energy. Another bill in the sum of Rs. 7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) was raised towards the compounding charges.
As the petitioner did not deposit the aforesaid electricity charges and compounding charges, the electric supply to both the electric meters came to be disconnected. Eventually, on 07th February, 2025, the Respondent No. 3 lodged a report for an offence punishable under Section 135 of the Electricity Act, 2003, against the petitioner.
By an order dated 08th April, 2025, the learned District Judge was persuaded to allow the application, and appointed the Electrical Inspector to visit subject plant and submit a report about the assessment of the electricity charges. The learned District Judge was of the view that, the appointment of an Electrical Inspector would assist the Court in determining the application for determination of the civil liability.
