O R D E R The petitioner is availing electricity supply from the respondents. The second respondent passed orders on 7.6.2002 holding that the petitioner has resorted to pilferage of energy and that he is liable to pay an amount of Rs.3,72,625/- being the value of the energy pilfered. Aggrieved by the same, the petitioner filed an appeal under Condition No.39.10 of the Terms and Conditions of Supply issued in B.P.Ms.No.690 dt. 17.9.1975. The first respondent - appellate authority by order dt. 17.6.2002 informed the petitioner that the appeal will be entertained only on petitioner paying an amount of 50% of the assessed amount. The said order reads as under. With reference to you appeal, it is to inform you that your appeal will be entertained in this office only on payment of 50% of the final assessed amount as finalised by the SE/Assessments in the Final Assessment Order. Hence, you are requested to arrange to make the above 50% payment within a period of 15 days, otherwise your service will be ordered for disconnection without any further notice. If the 50% amount is already paid, a copy of the proof of payment may be submitted to this office for consideration of your appeal. Assailing the action of the first respondent in demanding 50% of the final assessment amount the petitioner filed the present writ petition. Sri A. Prabhakara Rao, learned counsel for the petitioner has placed reliance on Condition No.39.10 of the Terms and Conditions of Supply and contends that the first respondent cannot insist on payment of 50% of the amount demanded in the final assessment order as a condition precedent to entertain the appeal. Condition No.39.10.1. which is relevant reads as under. 30.10.1. The consumer may prefer an appeal to the authority designated by the Board to dispose of the appeals within thirty days of the date of receipt of the order of the final assessing authority or within such further time as the appellate authority may in its own discretion deem fit to allow. However, if the consumer makes payment of 50% of the amount demanded in the final assessment order, the connection shall be continued or restored as the case may be. However, if the consumer makes payment of 50% of the amount demanded in the final assessment order, the connection shall be continued or restored as the case may be. A plain reading of the above condition would show that consumer is given right of appeal to the authority designated by the Board to dispose of the appeals within thirty days from the date of order of final assessing authority. If the consumer makes payment of 50% of the amount demanded in the final assessment order, power supply shall be continued or restored as the case may be. In a particular case if someone wants to avail right of appeal and does not want continuation of power supply or restoration of power supply, he need not pay the amount of 50% of the amount demanded in the final assessment order. In view of this, the first respondent could not have asked the petitioner to deposit 50% of the amount demanded in the final assessment order as condition precedent to entertain the appeal. Be it noted right of appeal is a substantial right and statutory in nature, and it cannot be vitiated by the appellate authority by imposing condition which is not required under law. In the result, the writ petition is allowed and a Mandamus shall issue to the first respondent to entertain the appeal of the petitioner and pass appropriate orders in accordance with law. --X--