IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.698 of 2010 1. ANJU BALA SINHA W/O SR ASHOK KUMAR SINHA R/O SRI KRISHNA BIHAR COLONY, BEUR, P.S.BEUR,DISTT/TOWN-PATNA Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN VIDHYUT BHAWAN, BAILEY ROAD, PATNA-01 2. THE ASSISTANT ELECTRICAL ENGINEER, ELECTRIC SUPPLY SUB DIVISION PESU (WEST), KHAGAUL, DISTT-PATNA ----------- 02. 15.03.2011 Heard learned counsel for the petitioner and learned counsel for the Board. The petitioner is aggrieved by the final assessment order dated 16.12.2009 fixing liability for a sum of Rs. 43,390/- in exercise of powers under Section 126 of the Electricity Act 2003 with regard to unauthorized allegedly illegal use of electricity. Learned counsel for the petitioner does not deny that he filed objections to the provisional assessment, whereafter final orders have been passed considering the objection. He however submits that the amount of theft allegedly quantified is contrary to the law and there is no allegation of excess load etc. Learned counsel for the Board submits that a First Information Report has been lodged against the petitioner alleging wrongful loss to the Board approximately of Rs. 44,000/-. The petitioner has the remedy of Appeal against the final assessment. Learned counsel for the petitioner submits that he has been granted installment for payment and that he has paid 9 installments already. Though, there is no such statement on record. 2 If the petitioner prefers an Appeal against the final assessment before the appropriate authority and satisfies it that he has already paid 50% of the dues, the Court expects that appropriate authority shall consider his Appeal without insisting upon the statutory deposit for 50% of the amount as a pre-condition. The Court expects that the Appeal shall be disposed off expeditiously without unnecessary delay provided the petitioner himself co-operates. The application stands disposed. P.K (Navin Sinha, J.)