NIRANJAN LAL ANURAGI v. STATE OF U.P. AND 2 OTHERS
WRIC/12921/2025 · 2025-05-05
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49962 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49962 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72612-DB Court No. - 40 Case :- WRIT - C No. - 12921 of 2025 Petitioner :- Niranjan Lal Anuragi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Respondent :- Narendra Kumar Tiwari Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for the petitioner and Sri Narendra Kumar Tiwari, learned counsel for the respondent-electricity department. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has prayed for following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to provide an electricity connection to the petitioner at (property address) without insisting on No Objection Certificate from all co-owners, particularly when the petitioner is in possession and has NOC from three out of four co-owners. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents for a fair and imparial re-examination of the petitioner's application by officers unconnected with the fourth co-owner. (iii) issue a writ, order or direction in the nature of mandamus directing the respondents to consider and decide the claim of the petitioner contained in representation dated 16.04.2025 annexed to the writ petition." Upon perusal of the prayers and after hearing learned counsel for the parties, we are of the view that concerned respondent shall consider and pass an appropriate order on the representation dated 16.04.2025 moved by the petitioner in accordance with law after granting opportunity of hearing to the petitioner within a period of eight weeks from date. We make it clear that the authority concerned should keep in mind the law as established by the Supreme Court that even a
trespasser/occupier is also entitled to electricity connection as the same is a fundamental right provided under Article 21 of the Constitution. With the above direction, the writ petition is disposed of. Order Date :- 6.5.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad