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Neutral Citation No. - 2025:AHC:77960-DB Court No. - 40 Case :- WRIT - C No. - 15083 of 2025 Petitioner :- Sayra Bano Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra,Piyush Kumar Counsel for Respondent :- C.S.C.,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 primary 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 our out of six co-owners. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents for a fair and impartial re-examination of the petitioner's application by officers unconnected with the Fifth and Sixth co-owners. (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 10.04.2025 annexed as Annexure No. 6 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 should consider and pass an appropriate order on the representation dated 10.04.2025 moved by the petitioner in accordance with law after granting opportunity of hearing to the petitioner and the co- owners. Accordingly, we direct the concerned respondent to consider and decide the representation of the petitioner dated 10.04.2025, by passing a reasoned order, in accordance with law and after granting opportunity of hearing to the petitioner and the co-owners, within a period of eight weeks from date. We make it clear that in the event it is found that the petitioner is staying in the premises, the electricity department would be duty bound to provide electricity to her; and 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 directions, the writ petition is disposed of. Order Date :- 13.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad