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2025 DAILYLAW 24855 (ALL)

VIDYAWATI v. STATE OF U.P. AND 2 OTHERS

WRIC/7080/2025 · 2025-03-09

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34392-DB Court No. - 40 Case :- WRIT - C No. - 7080 of 2025 Petitioner :- Vidyawati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajpal Singh Counsel for Respondent :- C.S.C.,Gaurav Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the parties. 2. This writ petition has been filed for the following reliefs :- "(i). Issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to provide electricity connection over the application moved by the petitioner for being operated the private tubewell of the petitioner installed for farming purposes. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 & 3 to consider and decide the claim of the petitioner contained in representations dated 25.10.2024 & 28.9.2024 for being provided electricity connection over the application moved by the petitioner for being operated the private tubewell of the petitioner installed for farming purposes." 3. Upon perusal of the facts of the present case, it appears that one Smt. Shyama Devi had sold the plot to the petitioner. Subsequent to sale of said property, a suit was filed by Smt. Shyama Devi for cancellation of sale-deed which was decreed in favour of Smt. Shyama Devi vide order dated 14.5.2009 passed by learned Civil Judge (Junior Division), Hamirpur. Being aggrieved, the First Appeal was filed by the petitioner which was allowed in favour of the petitioner. Second Appeal has been filed by Smt. Shyama Devi before this Court wherein interim order was passed on March 9,2018 directing the parties to maintain status quo in respect of the property. There is some confusion with regard to factual aspect whether interim order is continuing till date or not. Without going into the said aspect, we are of the view that an order of status quo cannot act as a deterrent in grant of electric connection to the petitioner who is in possession of the property. 4. In light of the same, the Electricity Department is directed to inquire as to who is in possession of the property and if it is found that the petitioner is in possession of the property, the Department is directed to give connection upon compliance of statutory procedures. The entire exercise should be completed within eight weeks from date. 5. With the above directions, the writ petition is disposed of. Order Date :- 10.3.2025 P.P. (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad