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2025 DAILYLAW 100826 (ALL)

SMT. BINDU v. STATE OF U.P. AND 8 OTHERS

WRIC/33925/2025 · 2025-10-07

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33925 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned standing counsel for the State. 2. The petitioner by means of the present writ petition has assailed the order dated 23.08.2025 passed by the Executive Engineer, Vidyut Vitran Khand-II, District Mirzapur by which the electricity connection has been installed at the House No. 1274. 3. It is contended that the respondent no. 7 by playing fraud has obtained electricity connection inasmuch he has no concern whatsoever with House No. 1274, as the said house was gifted to the petitioner by her father-in-law. It appears that the respondent no. 7 has approached this Court seeking a direction for installation of electricity connection in the aforesaid house in which this Court has passed the following order: "1. Mr. Haushila Prasad Mishra, learned advocate appears on behalf of petitioner and submits, prayer of his client is for restoration of domestic electric connection as per particulars given in the prayer. He relies on order dated 1st August, 2025 made by Division Bench, to which one of us (Arindam Sinha, J.) was party, in Writ-C no. 20738 of 2025 (Shubham Gupta Vs. State of U.P. & 3 Ors.). He submits, his client's case for relief is covered thereby. 2. Mr. Sushil Kumar Pandey, learned advocate appears on behalf of respondent nos. 2 to 4 (the supply company) and submits, petitioner's case appears to be covered. Versus Counsel for Petitioner(s) : Ashish Pandey, Santosh Kumar Mishra Counsel for Respondent(s) : C.S.C., Sushil Kumar Pandey Smt. Bindu .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) 3. The writ petition is disposed of in terms of order dated 1st August, 2025 (supra). Direction made in said order is deemed to have been made herein as applicable." 4. In pursuance to the aforesaid order passed by this Court, the electricity connection has been granted to the respondent no. 7. 5. The instruction has also been supplied by Sri Sushil Kumar Pandey, learned counsel for the respondents in which it is stated that there is no illegality in the electricity connection granted to the respondent no. 7. The question as to whether the electricity connection has been obtained by playing fraud or not, cannot be decided by this Court in exercise of its power under Article 226 of the Constitution of India as the same involves disputed question of fact. 6. In such view of the fact, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available under law. October 8, 2025 Arif WRIC No. 33925 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad