Neutral Citation No. - 2025:AHC-LKO:45964-DB Court No. - 2 Case :- WRIT - C No. - 7259 of 2025 Petitioner :- Udit Dwivedi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Energy Lko. And 3 Others Counsel for Petitioner :- Sant Prasad Singh,Amrendra Nath Tripathi Counsel for Respondent :- C.S.C.,Aprajita Bansal Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Ms. Aprajita Bansal, learned counsel appearing for the Power Corporation. 2. This petition has been filed with the following main prayers: "(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order passed by Respondent No. 3 dated 21.02.2025 (Annexure No. 1); (ii) Issue a writ, order or direction in the nature of Mandamus to the Respondent No. 3 to consider the Representation/Application of the Petitioner No.1 dated 01.03.2025 which is received in the Office of Respondent No. 3 on 01.03.2025 (Annexure No. 17) and to install the electricity meter in the name of the Petitioners on the ground floor of the Premises situated Village Nigoha, Pargana and Tehsil - Mohanlal Ganj, District - Lucknow." 3. It has been submitted by learned counsel for the petitioners that Late Ravi Shankar Dwivedi, who was the owner of the house, died on 12.11.2017. Petitioner nos.1 and 2 are the only legal heirs and successors of all the properties belonging to Late Ravi Shankar Dwivedi. The predecessor-in-interest of petitioner nos.1 and 2 had executed a registered lease deed on 26.7.2014 in favour of respondent no.4 with respect to some portion of the ground floor of the premises consisting of nine rooms and a Hall for a consideration of Rs.8,000/- per month for a period of 25 years w.e.f. 26.7.2014 to 25.6.2039. Certain portion of the ground floor of the house, however, was not given to respondent no.4 on lease. The predecessor of petitioner nos.1 and 2 had sold the first floor of the house admeasuring 3080 square feet and executed a Sale Deed in favour of respondent no.4. There remained certain portion of common area which, however, was not sold. The respondent no.4 was creating hindrance to the ingress and egress of the petitioners. Thereafter, Regular Suit No.76 of 2025 was filed in the Court of Civil Judge (Junior Division), Hawali, Lucknow by respondent no.4 along with one sub-lessee, wherein an ex-parte interim injunction was granted on 9.1.2025. The petitioner no.1 has given an application in the office of respondent no.3 for installation of an Electricity Meter in the premises for which, petitioner no.1 has also deposited requisite fees, yet because there is an interim order of maintenance of status quo in favour of respondent no.4, the staff of respondent no.3 had visited the premises and expressed his inability to install the Electricity Meter as respondent no.4 has threatened them. The petitioner no.1 again submitted an application before respondent no.3 raising his grievance regarding non-installation of Electricity Meter and non giving of electricity connection as prayed for. Such application remained pending. Later on, an order has been passed on 21.2.2025 by the respondent no.3 saying that since there is Regular Suit No.76 of 2025 pending in the Court of Civil Judge (Junior Division), Hawali, Lucknow, where the respondents have been restrained from interfering in the peaceful possession of the plaintiff, the Electricity Meter cannot be installed and the Sub Divisional Officer, Mohanlalganj, Lucknow has been directed to conduct an enquiry into the matter. 4. We have gone through the order dated 9.1.2025 passed by the Civil Judge (Junior Division), Hawali, Lucknow and we find that it has only restrained the respondents from interfering in the peaceful possession of the plaintiff. The respondents in the said case being the petitioner nos.1 and 2 herein, petitioner nos.1 and 2 are not interfering in the peaceful possession of respondent no.4. They have only applied for an electricity connection and the Electricity Department is not even a defendant in the said suit. The Electricity Department cannot be restrained from doing its duty of installation of Electricity Meter on the application duly processed, made by any applicants including owner of the house. 5. In the aforesaid circumstances, we set aside the order dated 21.2.2025 passed by respondent no.3-Executive Engineer, Madhyanchal Vidyut Vitran Nigam Ltd., Electricity Distribution Division- Mohanlalganj, District Lucknow, and direct him to reconsider the issue in the light of the observations made hereinabove and do the needful within a period of two weeks from the date of receipt of a certified copy of this order. 6. The writ petition stands allowed to that extent. Order Date :- 7.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench