H.P.STATEELECTRICITY BOARD Vs. JANARDHAN

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) ADMITTED facts are that the appellant erected five poles on the land of the respondent without seeking his consent under the provisions of Section 67 of the Electricity Act, 2003 and also without following the procedure prescribed in Section 10 of the Indian Electricity Act, 1910, where the owner/ occupier of the land does not consent to the erection of the poles or doing any other works by the licensee.

(3.) NOW the appellant- defendant has come in appeal to this court. It is submitted by the learned counsel that the civil court did not have the jurisdiction to entertain and try the suit in view of the bar contained in Section 145 of the Electricity Act, 2003, which is reproduced below:-