IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17128 of 2009 1. RAJESH KUMAR S/O SRI GANESH PRASAD, R/O MOH- GURHATTA, P.S- KHAJEKALAN, PATNA CITY, DISTT- PATNA VERSUS 1. BIHAR STATE ELECTRICITY BOARD VIDYUT BHWAN, BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN AT VIDYUT BHWAN, BAILEY ROAD, P.S- KOTWAILI, DISTT- PATNA- 800021 2. THE ELECTIRCAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, PATNACITY, MITTAN GHAT, PATNA CITY, P.S- KHAJEKALA, DISTT- PATNA 3. THE ASSISTANT ELECTRICAL ENGINEER, ELECTRIC SUPPLY SUB-DIVISION, CHOWK, PADRI KI HAVELI, P.S- KHAJEKALA, PATNACITY, DISTT- PATNA ----------- 02 11.01.2010 The petitioner’s premise was allegedly inspected for unauthorized use of electricity. A provisional assessment was made and pursuant to objections filed by the petitioner, a final assessment has been made. Petitioner challenges that assessment before this Court directly. In my view, a statutory appeal is provided under Section 127 of the Electricity Act, 2003, even in cases of alleged theft of electricity, as has been held by this Court repeatedly in several cases. In that view of the matter, it is advisable to the petitioner to immediately file an appeal and raise all the grievances, as against the correctness or otherwise of the final order of assessment made in terms of Section 126 of Electricity Act. Petitioner must thus file an appeal, as contemplated under Section 127 of the Electricity Act. If such an appeal is filed, the same would be considered on its merits and disposed of in accordance with law, without taking into account the delay caused, because of pendency of this writ petition in this Court. - 2 - It would be open to the Appellate Authority to pass such an order, as it may be advised with regard to restoration of connection to the petitioner, on such terms and conditions, as the Appellate Authority deem fit and proper in the facts and circumstances of the case. With this observation, this writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)