Neutral Citation No. - 2025:AHC:106705-DB Court No. - 39 Case :- WRIT - C No. - 20911 of 2025 Petitioner :- Unishine Infratech Private Ltd, Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Mishra Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Mr. Ashish Kumar Mishra, learned advocate appears on behalf of petitioner and submits, his client is lessee in respect of the premises. The electric connection is in name of his lessor (landlord). Without informing his client the lessor applied for and got electricity disconnected in the demise on 28th March, 2025. His client soon thereafter applied for new connection, on 15th April, 2025. Prayer of his client is for direction upon the supply company to give electric connection to its client in the leasehold premises, under its possession. Mr. Krishna Mohan Mishra, learned advocate, Additional Chief Standing Counsel appears on behalf of the State. Mr. Abhishek Srivastava, assisted by Ms Kritika Sinha, learned advocate appear on behalf of the supply company. Mr. Srivastava submits, the dis-connection happened on the consumer having applied for it. On query, he submits, his client has received petitioner’s application for fresh connection. The supply company is directed to act on the application of petitioner. There must be inspection made to ascertain whether petitioner is in settled possession of the premises. The inspection must be on notice to the lessor/landlord as appearing on lease deed 10th June, 2022, disclosed at page 14 onwards. In event settled possession is found to be with petitioner, upon requisite formalities being complied with, electric connection be given. This direction is in following view taken by a Full Bench of Calcutta High Court in Abhimanyu Mazumdar vs. The Superintending Engineer, reported in AIR 2011 Cal 64. Paragraph 16 (Manupatra print) is reproduced below. "16. Since all the lands in these Islands belong to the Union of India, the latter is not required to file a civil suit for eviction of a trespasser and the trespassers can be evicted by taking recourse to the Regulation of 1966. However, so long such a trespasser in settled possession is not so evicted, he should be entitled to get electricity with the aid of Section 43 of the Electricity Act on compliance of the terms of supply as provided under law. It is needless to mention that the enjoyment of such electricity will not confer any right or equity in favour of the trespasser in occupation to defeat the title of the lawful owner." (emphasis supplied) The exercise of acting upon petitioner's application must be completed within three weeks from communication of certified copy of this order to be made by petitioner to respondent no.3. The writ petition is disposed of. Order Date :- 7.7.2025 Imroz (Arindam Sinha, J.) (Dr. Y. K. Srivastava, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad