DHARMENDRA KUMAR RAJBHAR v. MANAGING DIRECTOR, U.P. POWER CORPORATION LTD., LUCKNOW AND OTHERS
WRIC/3930/2022 · 2025-10-09
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197171 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197171 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 3930 of 2022 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by non supply of the electricity to him.
3. It is to be noted that the electricity of the petitioner was disconnected in 2020 on a complaint made by respondent no. 4 namely Sangeeta Bhardwaj, who is the sister-in-law of the petitioner and she also resides in the same premises.
4. Learned counsel for the petitioner submits that he is residing in the premises and, therefore, being an occupant of the premises, he is entitled for electricity connection. Furthermore, it is not disputed that the property was in the name of father of the petitioner. It is also not disputed that a civil suit is pending between the petitioner and respondent no.4. Hon'ble Supreme Court in catena of judgements has clearly held that even an occupier/trespasser is entitled to enjoy electricity.
5. In light of the same, we do not find any reason as to why electricity should not be given to the petitioner, if the petitioner is residing in the said premises. Versus Counsel for Petitioner(s) : Amar Nath Tripathi, Lalit Kishore Tiwari, Manoj Kumar Sahu, Rajeev Singh, Tej Singh Counsel for Respondent(s) : Amit Kumar Dwivedi, Shyamendra Singh, Tej Singh Dharmendra Kumar Rajbhar .....Petitioner(s) Managing Director, U.P. Power Corporation Ltd., Lucknow And Others .....Respondent(s)
6. Accordingly, the respondents authorities are directed to verify as to whether the petitioner is residing in the said premises and, if he is, electricity connection should be reconnected within a period of two weeks from the date.
7. We make it clear that we have not entered into the issue of ownership of the property in question.
8. Accordingly, the writ petition is disposed of. October 9, 2025 Anupam S/- WRIC No. 3930 of 2022 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench