IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.187 of 2010 KALAWATI DEVI W/O SUDHIR KUMAR SHARMA @ SUDHIR KUMAR SINHA @ SANTADEO SHARMA R/O SRI KRISHNA BIHAR COLONY, BEUR, PATNA ……...Petitioner Versus BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, PATNA EXECUTIVE ELECTRICAL ENGINEER, null BIHAR STATE ELECTRICITY BOARD ELECTRIC SUPPLY DIVISION, PATNA ASSISTANT ELECTRICAL ENGINEER, ELECTRIC SUPPLY SUB-DIVISION, KHAGAUL, PATNA ASSESSMENT OFFICER-CUM-ASSISTANT ELECTRICITY ENGINEER, ELECTRIC SUPPLY SUB DIVISION, KHAGAUL, PATNA ………Respondents ----------- 02. 16.02.2010 The petitioner is a widow lady and has a domestic connection. In course of serious of raids conducted including petitioner’s premises, it is alleged that she was committing theft of electricity in terms of Section 135 of the Electricity Act. Apart from lodging F.I.R. against several persons whose premises were inspected, a provisional punitive assessment was made. Petitioner objected and thereafter a final assessment has been made. Petitioner’s domestic line remains disconnected. Petitioner has come to this Court challenging the aforesaid bill. In my view, the final assessment having been made in terms of Section 126 of the Electricity Act, the same is appealable under Section 127 of the Appellate Authority on deposit of 50% of the final assessment. In my - 2 - view, petitioner having statutory alternative remedy must prefer the same. On petitioner filing appeal and depositing 50% of the final assessed amount giving credit of any amount paid in respect thereof earlier, the appeal would be entertained on merits after condoning the delay. On deposit of the said 50% the respondent Board, considering that it is a residential premises would reconnect the electric supply to the petitioner. The Appellate Authority would decide the matter within a period of three months after hearing the parties in accordance with law. With these observations and directions, the writ petition stands disposed off. Shageer (Navaniti Prasad Singh, J)