[Cites 3, Cited by 0]
Patna High Court
Mukesh Kumar Singh vs The Managing Director Cum Chairman on 8 January, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.323 of 2025
In
Civil Writ Jurisdiction Case No.18577 of 2024
======================================================
Mukesh Kumar Singh Son of Brij Nandan Singh, Resident of Gayan Chak,
P.O.- Kothiya, P.S.- Didarganj, District- Patna.
... ... Appellant/s
Versus
1. The Managing Director Cum Chairman South Bihar Power Holding
Company vidyut Bhawan No. 1 Bailey Road, (Nehru Path) Patna.
2. The Electrical Superintendent Engineer S.T.F, Electricity Supply Circle
Patna.
3. The Electrical Executive Engineer M.R.T. Electric Supply M.R.T, Division
Bakhtiyarpur, District- Patna.
4. The Assistant Electrical Engineer S.T.F, Electric Supply Circle, Patna.
5. The Assistant Electrical Engineer Cum Assessing Officer, Dedarganj, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mani Bhushan Kumar, Advocate
For the Respondent/s : Mr. Vivek Prasad, Advocate
For the SBPDCL : Dr. Anand Kumar, Advocate
Mr. Rajan Prakash, Advocate
Ms. Anuradha Mishra, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-01-2026
The appellant, Mukesh Kumar Singh, has filed
this Letters Patent Appeal challenging the order dated
12.02.2025
passed in C.W.J.C. No. 18577 of 2024. The
appellant had approached this Court for quashing/setting aside
and stay of Final Assessment Letter No. 962 dated 04.10.2024,
passed by the Assistant Electrical Engineer, Electric Supply
Sub-Division, Didarganj, Patna. The learned Single Judge, in the
Patna High Court L.P.A No.323 of 2025 dt.08-01-2026
impugned order, has been pleased to hold that an efficacious
alternative remedy of filing an appeal under Section 127 of the
Electricity Act, 2003 against the final assessment order is
available to the appellant and therefore the writ petition was not
entertained.
2. Section 127 of the Electricity Act, 2003
reads as follows:-
"127. Appeal to appellate authority.-(1) Any
person aggrieved by a 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 [half 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
alongwith 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.
(4) The order of the appellate
Patna High Court L.P.A No.323 of 2025 dt.08-01-2026
authority referred to in sub-section (1) passed
under sub-section (3) shall be final.
(5) No appeal shall lie to the
appellate authority referred to in sub-section (1)
against the final order made with the consent of the
parties.
(6) When a person defaults in
making payment of assessed amount, he, in
addition to the assessed amount, shall be liable to
pay, on the expiry of thirty days from the date of
order of assessment, an amount of interest at the
rate of sixteen per cent per annum compounded
every six months."
3. Learned counsel for the appellant, though he
does not dispute that an alternative remedy is available to the
appellant, submits that in view of sub-section (2) of Section 127,
the appellant is required to deposit half of the assessed amount
for entertaining the appeal.
4. Learned counsel further submits that the
financial condition of the appellant is not good and it would not
be possible for the appellant to deposit half of the assessed
amount.
5. Be that as it may, in view of the settled
position of law which has recently been reiterated by the
Hon'ble Apex Court in Civil Appeal No. 6719 of 2012 (Rikhab
Patna High Court L.P.A No.323 of 2025 dt.08-01-2026
Chand Jain vs The Union of India & Ors.) disposed of on
12.11.2025 and admittedly an alternative remedy is available.
6. In view of the limited scope of the Letters
Patent Appeal, we find no perversity/illegality in the impugned
order. However, while filing the appeal, as observed in the
impugned order, if any application is filed for reducing the
deposit of the assessed amount, the same shall be considered in
accordance with law.
7. With the aforesaid observation(s), the appeal
stands disposed of.
(Sangam Kumar Sahoo, CJ)
( Ritesh Kumar, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 12.01.2026
Transmission Date
