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2025 DAILYLAW 164208 (ALL)

RAJESH KESARWANI v. THE CHAIRMAN ENERGY DEPTT. U.P. POWER CORPORATION LTD. LKO AND 5 OTHERS

WRIC/9013/2025 · 2025-09-15

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9013 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Amit Kumar Dwivedi, Advocate, who has filed power on behalf of respondent no.5- Lucknow Development Authority. 2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of Mandamus commanding the respondent No.2 to 4 not to grant or process any electric connection in favour of the Respondent No.6 (Sri Aqeel Ahmad) for the premises situated at Plot No.79/3A, Havelock Road, Lucknow, during the pendency of the litigation." 3. It is the case of the petitioner that he had sold certain land to the respondent no.6 through a registered sale deed under the builders agreement. The respondent no.6 has issued two cheque as sale consideration which has been dishonoured by the Bank. The petitioner has moved an application under Section 138 of the Negotiable Instruments Act on 08.07.2022. He has also filed a Regular Civil Suit No.2227 of 2021 renumbered as Civil Suit No.1976 of 2023 praying for permanent injunction against the respondent no.6. Versus Counsel for Petitioner(s) : Agendra Sinha, Shailendra Kumar Singh Counsel for Respondent(s) : Amit Kumar Dwivedi Rajesh Kesarwani .....Petitioner(s) The Chairman Energy Deptt. U.P. Power Corporation Ltd. Lko And 5 Others .....Respondent(s) 4. The Lucknow Development has also passed a demolition order against the impugned construction. The respondent no.6 has applied for electricity connection and the petitioner is apprehensive that such electricity connection shall be given to the respondent no.6, and therefore, he has filed a complaint on the I.G.R.S. portal where a report has been submitted by the Sub Divisonal Officer, LESA (M.V.V.N.L.) Hussainganj, saying that no electricity connection has yet been given to the building, which is still under consideration. 5. Learned counsel for the petitioner says that his limited prayer in the writ petition is only for a direction to the respondents not to give electricity connection to the respondent no.6, without giving an opportunity of hearing to the petitioner. 6. This petition is disposed of with a direction to the respondents to follow Paragraph-4.4 of the Electricity Supply Code, in its letter and spirit, in processing any application for grant of new electricity connection. September 15, 2025 Rahul WRIC No. 9013 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench