IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1651 of 2009 1. The Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman 2. The Chairman, Bihar State Electricity Board, 3. The Electrical Superintending PESU (West Circle), Patna 4. The Electrical Executive Engineer, Electric Supply Division, Khagaul 5. The Asst. Electrical Engineer, Electric Supply Sub- division, Khagaul ……….. Appellants Versus Dr.Lila Singh w/o Sri B.N. Singh, resident of A-2/1, Purnendu Nagar, P.O. Veterinary College, P.O. Phulwarisarif, District – Patna ……….. Respondent ----------- For the appellants: Mr. Prakash Kumar, Advocate For the respondent: Mr.Sanjay Kumar Mr. Pankaj Kumar Jha, Advocates --- 2 15/2/2010 IA. No.8708 of 2009 This is an application for condonation of delay of three days. Having heard learned counsel for the parties, we are of the considered opinion that sufficient grounds do exist for condonation of delay and accordingly the delay in preferring the appeal stands condoned. Interlocutory application stands allowed. LPA. No.1651 of 2009 As we have condoned the delay, we are inclined to take up the appeal for admission. 2 Admit. Since the respondent has entered appearance no further notice need be issued. On consent of learned counsel for the parties, it is finally heard. In this appeal the assail is to the order dated 29.10.2009 passed by the learned Single Judge in CWJC. No.10478 of 2009, whereby the learned Single Judge has directed that if an appeal is preferred within 15 days from the date of order the appellate authority shall consider the same on merits and decide the same in accordance with law. Be it noted, the learned Single Judge has issued the said direction by taking note of the fact that the petitioner has deposited 10% of the demanded amount and further directed for deposition of 15% within 15 days. It is submitted by Mr. Prakash Kumar, learned counsel for the Bihar Electricity Board, that when the learned Single Judge has relegated the writ petitioner to prefer an appeal under section 127 of the Electricity Act, 2003, the conditions incorporated therein are to be followed. Per contra, Mr. Sanjay Kumar, learned counsel 3 for the respondent , supported the order passed by the learned Single Judge. Additionally, it is also put forth by him that the appeal preferred by him has been fixed for final hearing before the appellate authority. Section 127 of the Act deals with the appeal to the appellate authority. Sub-sections (1) to (3) of Section 127, which are relevant for the present purpose, are re- produced below: “(1) Any person aggrieved by the final order made under section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission, to an appellate authority as may be prescribed. (2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to one-third 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 (3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant.” On a perusal of the aforesaid provision, it is clear as crystal that there is no power to waive the amount or reduce the amount as stipulated in the said provision. Once there is statutory command without any kind of 4 flexibility a court of law, without any kind of legal sanction, cannot reduce the same. Hence, we are of the considered opinion that the learned Single Judge has fallen into error by directing that the appeal shall be heard on merits on deposition of 25% of demand as that runs counter to the provision pertaining to appeal and accordingly we set aside the said part and direct that if the appellant deposits the amount as stipulated in Section 127 within a period of six weeks, the appeal shall be heard on merits. The appeal which is fixed for hearing shall be adjourned by 8 weeks. With the aforesaid modification in the order of the learned Single Judge, the present appeal stands disposed of. Needless to say, the amount that has already been deposited shall be computed towards the statutory deposit. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)