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2025 DAILYLAW 29372 (ALL)

SUNDER SINGH v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIC/8110/2025 · 2025-04-09

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53028-DB Court No. - 40 Case :- WRIT - C No. - 8110 of 2025 Petitioner :- Sunder Singh Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Amit Singh Yadav,Gautam Kumar Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and the learned counsel appearing on behalf of the respondent No.2. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs: "1. issue a writ order or direction in the nature of certiorari, quashing the impugned letter dated 15.11.2021 issued by the respondent authority to the Executive Engineer. 2. issue a writ order or direction in the nature of mandamus, commanding and directing the respondent no. 5/Executive Engineer, V.M.V. Section-I, Sector-25, Gautam Buddh Nagar to provide electricity connection to the petitioner. 3. issue a writ order or direction in the nature of mandamus, commanding and directing the respondents not to disturbed to the petitioner in his peaceful possession over his plot. 4. issue a writ order or direction in the nature of mandamus, commanding and directing the respondents authority to frame the Rural Sites abadi Noida Industrial Development Rural Abadi Sites (Management and Regulation) for facilitate of the Pustaini residence of the District." 3. Counsel appearing for the petitioner has categorically submitted that he is not pressing the relief Nos.3 and 4. 4. Upon perusal of the record and after hearing counsel appearing on behalf of the parties, we are of the view that the petitioner should make a fresh application for grant of electricity connection before the Executive Engineer, V.M.V. Section-I, Sector 25, Gautam Budh Nagar/respondent No.5 within a period of two weeks from date. In the event such an application is filed, the respondent No.5 should consider the said application and decide the same in accordance with law within a period of eight weeks from the date of filing of such application, after granting an opportunity of hearing to the petitioner. Respondent No.5 should keep in mind the fact that right to electricity is a fundamental right as guaranteed under Article 21 of the Constitution of India as held by the Supreme Court in its catena of judgments. It is further noted that even if the petitioner is an occupier/trespasser, even then he would have a right to the electricity. 5. With the aforesaid directions, the writ petition is disposed of. Order Date :- 10.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad