THE HON’BLE SRI. JUSTICE GODA RAGHURAM W.P.No. 5736 of 2006 24-03-2006 Between:- Sarisolla Nageswara Rao @ Naga Raju. Petitioner And Chief Engineer, A.P.E.P.D.C.L., Dabagardens, Visakhapatnam and five others. Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 5736 of 2006 Oral order: Final assessment of pilferage of energy has been made against the petitioner, the owner of a rice mill having service connection No.172 in Category-III in Laxmipuram village. The petitioner was finally assessed as due an amount of Rs.92,403-00 including supervision charges. The petitioner preferred an appeal to the 1st respondent against the final assessment order of the 2nd respondent some time in June/July, 2005. His complaint in this writ petition is that the respondents have not reconnected the power supply, which was disconnected consequent on the final assessment. Section 127 of the Electricity Act, 2003 (for short ‘the Act’) enables an appellate remedy to any person aggrieved by the final order made under Section 126 of the Act. Sub-section (2) of Section 127 of the Act ordains that no appeal against an order of assessment shall be entertained unless an amount equal to 1/3rd of the assessed amount is deposited in cash or by way of Bank draft with the licensee and the documentary evidence of such deposit is enclosed along with the appeal. The petitioner is thus required to deposit 1/3rd of the finally assessed amount of Rs.92,403-00 before preferring an appeal. He does not assert in the writ petition that he has done so. Accordingly, he cannot be considered as having instituted the appeal duly. The petitioner now seeks the leave of this court to deposit 1/3rd of the amount of Rs.92,403-00 and seeks a direction to the 1st respondent to consider and dispose of his appeal expeditiously. Recording the submission and after hearing the learned standing counsel for the respondents, the writ petition is disposed of granting liberty to the petitioner to deposit 1/3rd of the amount of Rs.92,403-00 within a period of two (2) weeks from today in favour of the A.P.E.P.D.C.L. and to produce the challan or a bank draft before the 1st respondent, who shall then proceed to consider the appeal already preferred by the petitioner and shall dispose it of in accordance with the provisions of Section 127 (3) of the Act. On the petitioner depositing the amount, the petitioner shall be entitled to reconnection of the disconnected power supply. Accordingly, the writ petition is disposed of. No costs. _________________ GODA RAGHURAM, J Dated:24-03-2006 Pvks/* Nb: Furnish c.c. in three days. B/o pvks/*