THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No.2809 OF 2006 DATE: 16-02-2006 Between: K.Vijaya Bhaskar Reddy . . .Petitioner and The Chief Engineer, Zone, APSPDCL, Vijayawada, and others . . .Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No.2809 OF 2006 O R D E R: The Writ Petitioner is running a Rice and Flour Mill having a Service Connection No.10 under category-III at Nagireddypalem. His premises was inspected and on an allegation of pilferage of energy, a notice, dated 02-04-2005, was issued. He submitted his explanation. A final assessment order, dated 29-08-2005, was passed by the competent authority assessing the value of the energy pilfered at Rs.3,83,632/-. He preferred an appeal to the appellate authority without enclosing any amount, a condition precedent for preferring an appeal under Section 127(2) of the Electricity Act, 2003 (for short “the Act”). Section 127(2) of the Act ordains that no appeal against an order of assessment under sub-section (1) 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 documentary evidence of such deposit has been enclosed along with the appeal. Therefore, in terms of Section 127(2) of the Act, no appeal has been preferred by the petitioner. The petitioner in this writ petition complains that the primary authority has assessed the amount of Rs.3,83,632/- exorbitantly without any basis and evidence. A few other allegations are also made on the merits of the final assessment. As the petitioner has a statutory appellate remedy, which has jurisdiction and power to go into factual and legal aspects and as he has already availed the appellate remedy though defectively, this Court is not inclined to adjudicate upon the grievance of the petitioner in judicial review under Article 226 of the Constitution of India. The writ petition is without merits and is accordingly, dismissed. The petitioner is at liberty to pursue the appellate remedy in accordance with law. No order as to costs. ________________________ (GODA RAGHURAM, J) 16th FEBRUARY, 2006. Note: furnish c.c. by tomorrow. b/o kvni