HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10237 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE PRASHANT KUMAR, J. Mr. Punit Kumar Gupta, learned advocate appears on behalf of petitioners. The writ petition has been called for hearing after it was moved on 26th August, 2025. Paragraphs 1 to 3 from said order are reproduced below. "1. Mr. Punit Kumar Gupta, learned advocate appears on behalf of petitioners and submits, his clients have taken a shop in a multistorey building. They seek electric connection. By impugned letter dated 24th March, 2025, respondent no.2 has refused the connection, redirecting his clients to obtain it from added respondent nos.4 to 6. He submits said respondents are the owners/builders. His clients want direct connection, not through said respondents on a sub-meter. Mr. Mayank Agrawal, learned advocate assisted by Ms. Somya Dwadash Shreni, learned advocate appears on behalf of said added respondents. Mr. Agrawal submits, his clients had made clear averments in their intervention application that petitioner is guilty of theft of electricity. Versus Counsel for Petitioner(s) : Poorva Agarwal, Punit Kumar Gupta Counsel for Respondent(s) : Mayank Kumar Agrawal, Somya Dwadash Shreni, Ajay Singh, Narendra Kumar Tiwari Dr. Mohammad Afsar Khan And Another .....Petitioner(s) Purvanchal Vidyut Vitran Nigam Limited, Varansi And Another .....Respondent(s) 2. Mr. Ajay Singh, learned advocate appears on behalf of added respondent no.3 (the regulatory authority). He submits, impugned rejection is erroneous in treating petitioner's application to be under clause 4.28 (d) in U.P. Electricity Supply Code, 2005. Petitioners had applied under clause 4.9 of the said Code. 3. Mr. R.K. Tripathi, learned advocate appears on behalf of respondent nos.1 and 2 and prays for adjournment. It is granted as peremptory." Mr. R.K. Tripathi, learned advocate holding the brief appears on behalf of respondent nos. 1 and 2 (the supply company). He reiterates reliance on clause 4.28 in part-B of the Code. He submits, the builder had, upon prior consent obtained from the apartment/ unit buyers, availed of single point connection. Mr. Mayank Kumar Agrawal draws attention to, inter alia, notification dated 10th August, 2018 notifying Electricity Supply Code, (13th amendment), 2018. He points out from it, connection for converting existing single point connection to all the points, requires application by 51% of the consumers drawing electricity from the single point. Petitioners have only 10% of such consumers. His client has made requisite investment for obtaining the connection on applicable tariff. Mr. Ajay Singh, learned advocate appears on behalf of respondent no.3. On query Mr. Gupta is unable to demonstrate a statement made in the petition alleging that his client had not agreed for the builder to take single point connection and thereupon distribute the electricity. Mr. Agrawal submits, under applicable law and rules, his client is deemed licensee. In addition to what we have said in preceding paragraphs, annexed to the petition is sale deed dated 17th February, 2024 carrying clause 21, reproduced below. "21.That the Vendor has got approved one point electricity connection from the electricity department as per the rules at its own cost but it shall be the responsibility of the Vendees to get installed a Pre-Paid Meter for the vended property at their own cost and expenses and the running charges for WRIC No. 10237 of 2025 2 which shall be borne by the Vendees without creating any liability on the Vendor. The Vendor shall have all right to get their name transferred from the said sanctioned electricity load to the name of the Resident Welfare Association or Society as per the rules of the electricity department for which the Vendees shall not raise any objection." Petitioners must have with them 51% of the consumers availing electricity from single point, to together apply for multiple point connection. As of now he does not have cause of action. The writ petition is dismissed. September 8, 2025 Mohini WRIC No. 10237 of 2025 3 (Arindam Sinha,J.) (Prashant Kumar,J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad