IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3162 of 2009 RAJESH KOCHGAWAY Versus THE BIHAR STATE ELECTRICITY BOARD ----------- 2. 17.3.2009 Heard Mr. Ram Suresh Roy, learned Senior counsel for the petitioner and Mr. Vinay Kirti Singh, learned Standing counsel for the Bihar State Electricity Board. Though the prayer in this writ application was made for quashing of punitive bill of Rs. 10,53,000/-, Mr. Roy in course of submission for the present would confine his prayer to take recourse to the statutory remedy of appeal available against such penal bill. In fact by enclosing the order of final assessment dated 27.2.2009 on the basis of which the impugned penal bill has been issued. Mr. Roy submits that the statute i.e. Electricity Act, 2003, under section 127 provides a remedy of appeal against such final assessment order. That being so, the issue raised in this writ application for the moment is left open for its being considered by the appellate authority who must pass a reasoned order in case the appeal is filed within the statutory period of 30 days. The appellate 2 authority shall not only entertain the appeal but decide the same on merits inasmuch as the petitioner has already complied an order of the learned District and Sessions Judge by depositing a sum of Rs. 1 lac and has also undertaken to pay the remaining amount in 15 instalments. Therefore, the requirement of paying 50% of the assessed amount for entertaining the appeal will not be made applicable in the peculiar facts and circumstances of this case. It is, however, made clear that this order has been passed under a special circumstance, inasmuch as there has been a judicial order in favour of the petitioner which was never assailed by the Board though the counsel for the Board would submit that this was only for the purpose of grant of bail. The pendency of appeal, however, should not come in the way of the petitioner to carry on his business and therefore, if the petitioner deposits a further sum of Rs. 60,000/- within 24 hours, the authorities of the Board would restore the electricity 3 connection in next 24 hours, subject to observance of the formalities by the petitioner. It goes without saying that as and when the ultimate liability of the petitioner against the penal bill will be fixed under the appellate order and the appellate authority will have the liberty to remodel/ restructure the amount of instalment after deducting the amount already paid by the petitioner. It is further made clear that till appeal is disposed of an order of the District and Sessions Judge with regard to deposit of monthly instalment shall also be duly and punctually complied by the petitioner failing which not only the bail of the petitioner would stand cancelled but by electricity connection shall also be snapped/disconnected. With the aforesaid observation/direction this application, accordingly, stands finally disposed of. (Mihir Kumar Jha,J.) Surendra/