Rajesh Kumar v. BSES Rajdhani Power Limited

1. The present writ petition has been filed seeking to quash the speaking order dated 30th December, 2024 passed by the respondent, whereby a penal demand of Rs. 10,18,596/- has been fastened upon the petitioner on the ground of electricity theft.

2. Learned counsel appearing for the petitioner submits that the petitioner is a registered consumer of a non-domestic electricity connection bearing Consumer Account No. 150012513 installed in the premises situated at Plot No. 165, GF, Swarn Park, Mundka, Near Rajdhani Park Metro Station, New Delhi-110041.

3. It is submitted that on 3rd June, 2024, the electricity meter installed at the premises was emitting smoke and appeared to have caught fire. The petitioner extinguished the fire immediately to prevent any further damage to life and property and a formal complaint regarding the incident was also lodged with the respondent on the same day vide Complaint NO. 24060310722.

4. It is submitted that pursuant to the said complaint, the meter was replaced by the respondent on 06th June, 2024.

5. It is submitted that at the time of removal and replacement of the burnt meter on 06th June, 2024, the petitioner was handed over a routine replacement slip, without being informed of any further process by the respondent.

6. Learned counsel for the petitioner submits that the burnt meter was sent for testing in a laboratory by the respondent, without any intimation or notice to the petitioner. Subsequently, after the laboratory analysis, a test report dated 10th October, 2024, was issued which records that the meter in question was found to be abnormally burnt, with its plastic and hologram seals damaged due to the burn. It is submitted that the petitioner was not served with any notice, intimation, or opportunity to remain present during the meter testing. The meter was tested unilaterally, behind the back of the petitioner. Thus, it is submitted that denial of such opportunity, especially, when the outcome of the test report has been used to levy an allegation of theft and impose a penal demand, constitutes a grave violation of the Principles of Natural Justice. Thus, it is submitted that the speaking order dated 30th December, 2024, holding the petitioner guilty of electricity theft, on the reasoning that the meter was burnt intentionally to destroy evidence of tampering, is not tenable.

7. Learned counsel further submits that the respondent, vide disconnection notice dated 17th June, 2025, is threatening to disconnect the electricity connection at the petitioner’s premises, which is in active commercial use.

8. Per contra, learned counsel appearing for the respondent- BSES Rajdhani Power Limited, on advance notice, submits that the present petition is not maintainable. It is submitted that evidence would have to be led to address the various allegations raised in the present writ petition for which, the appropriate course of action would be to approach the Civil Court.

9. Attention of this Court has been drawn to the order dated 09th November, 2023 passed in W.P.(C) 14732/2023, titled as Neeraj Patlani Versus BSES Yamuna Power Limited, wherein, it has been held as follows: “xxx xxx xxx

4. The writ petition is therefore disposed of, alongwith pending applications, with liberty to the petitioner to avail appropriate remedies before the Special Court or the concerned civil court. xxx xxx xxx” (Emphasis Supplied)

10. Learned counsel appearing for the respondent also relies upon the order dated 02nd July, 2024, passed in W.P.(C) 2387/2024, titled as Mohd. Afsar Versus BSES Yamuna Power Limited and Ors., wherein, the Court, while dealing with the issue of dishonest abstraction of electricity, held as follows: “xxx xxx xxx

7. At this juncture, it is imperative to point out that this Court vide order dated 01.07.2024 passed in W.P.(C) 10687/2009, while deciding the similar controversy regarding dishonest abstraction of electricity, observed that invocation of extraordinary powers under Article 226 of the Constitution is not justifiable in such cases where alternate remedies are not only available but also efficacious. The relevant extracts of the said case are reproduced herein for reference:-

xxx xxx xxx” (Emphasis Supplied)

11. Learned counsel appearing for the respondent further submits that a complaint of electricity theft has already been filed on behalf of the respondent before the Special Electricity Court, where the matter is next listed on 24th July, 2025, for leading of pre-summoning evidence.