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2025 DAILYLAW 128295 (ALL)

SHARAD SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. ENERGY LKO. AND 2 OTHERS

WRIC/2573/2025 · 2025-03-24

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16633-DB Court No. - 2 Case :- WRIT - C No. - 2573 of 2025 Petitioner :- Sharad Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Energy Lko. And 2 Others Counsel for Petitioner :- Umesh Pratap Singh,Nasrul Hasan Counsel for Respondent :- C.S.C.,Aprajita Bansal Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. Considering the order proposed to be passed issuance of notice to private opposite parties is dispensed with. 3. The petitioner claims to be residing in his House No.184 (Old House No.28/11), Nehru Nagar, Raebareli. There is some dispute with his uncle and a civil suit seeking permanent injunction has been filed by the petitioner, however, as the electricity connection for the premises in question was in the name of his uncle, therefore, he got it disconnected. The petitioner claims to be residing therein and, therefore, says that he should be granted electricity connection. Learned Counsel for the Electricity Corporation says that if the petitioner submits an indemnity bond and he is in possession of the premises and there is no order against the petitioner for his eviction or any other restraint order against him then his application for grant of electricity connection can be considered. 4. Considering the judgment of this Court reported in 2014 (6) ADJ 672, Seema Mansoor vs. U.P. Power Corporation Ltd., and the decision of the Supreme Court in the case reported in (2011) 12 SCC 314, Sri Chandu Khamaru v. Nayan Malik & ors. and the statement of learned Counsel for the Electricity Corporation, it is provided that if the petitioner has already applied for grant of an electricity connection on the premises in question, then the concerned Sub Divisional Officer/Executive Engineer or whosoever is competent in this regard shall process the same, verify as to whether the petitioner is in possession of the said premises or not and thereafter take a decision for grant of electricity connection in accordance with law keeping in mind the aforesaid decisions without insisting on a N.O.C. from the alleged landlord/owner. 5. This order, however, shall have no bearing, whatsoever, on any question of possession or title pending before any Court or Authority in respect of the premises in question involving the parties herein or any other person who may be claiming such rights. 6. With the aforesaid observations/directions, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 24.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench