IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11154 of 2009 NAND KUMAR s/o Shri Bishwanath Pandit, resident of Near Check Post, Deedarganj, P.S. Maalsalami, Patna City,District- Patna. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, Vidyut Bhavan, Bailey Road,Patna through its Chairman. 2. The Electrical Superintending Engineer, Patna City Division, Patna. 3. The Electrical Executive Engineer, Patna City Circle,Patna City,Patna. 4. The Assistant Electrical Engineer, Electric Supply Sub Division, Katra,Patna City,Patna. ----------- For the Petitioenr : Mr. S.D.Sanjay and miss. Shabina Rubab. For the respondents : Mr. Prakash Kumar 3 28.10.2009 The petitioner has been assessed under section 126 of the Electricity Act, 2003. It was allegedly a case of direct theft. Learned counsel for the Board points out that the State Government has now notified the appellate authority in terms of Section 127 of the Act. Learned counsel further points out that as against the final assessment, as made by the licensee , the Board in this case, the appeal would now lie to the appellate authority, who is independent of the Board. In my view, the questions of fact are being raised can better be appreciated by the appellate authority, which even otherwise is the statutory remedy to the petitioner, at the first instance. I therefore, direct the petitioner to avail his statutory remedy of appeal to the appellate authority in terms of Section 127 of the Act. Learned counsel for the petitioner submits that in fact the - 2 - appeal would be an empty formality and too onerous in view of the fact that for preferring an appeal, the petitioner is required to deposit 50% of the assessment, as made , at the first instance. In view the aforesaid fact and to ensure that petitioner prefers an appeal, I direct that the petitioner would deposit at the time of filing of the appeal 20% of the final assessment valued . The appellate authority would be well advised to decide the matter finally within one month from the date of filing of the appeal. The delay, if any. in filing the appeal would be condoned because the petitioner was before this Court for such a period. The appellate authority would decide the matter expeditiously , as indicated above, in accordance with law and pass a speaking order in that regard after hearing the parties. With the above observations and directions, learned counsel for the petitioner is permitted to withdraw this application. It will be open to the petitioner to pray before the appellate authority for any other interim order including reconnection of the electric that may be required, which would be considered and decided accordingly. singh (Navaniti Prasad Singh,J)