Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128953-DB Court No. - 39 Case :- WRIT - C No. - 20738 of 2025 Petitioner :- Shubham Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hausihla Prasad Mishra Counsel for Respondent :- C.S.C.,Rishu Mishra Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Mr. Haushila Prasad Mishra, learned advocate appears on behalf of petitioner and submits, there be direction upon respondent no.3 to restore electricity connection of his client bearing LMV-2 connection no.J0317579301 in his registered shop namely 'M/S Jai Maa Durga Super Market, Indira Nagar, Gorakhpur- 273001. He submits, the disconnection happened in intervening night of 21st- 22nd May, 2025. The connection was obtained by his client in his shop on consent furnished by his brother. Subsequently dispute arose. Suit was filed. At instance of private respondent no.4 (his brother), the supply company disconnected the supply. He seeks interference.
2. Mr. Girish Chandra Tiwari, learned advocate, Standing Counsel appears on behalf of State. Ms. Rishu Mishra, learned advocate appears on behalf of respondent nos. 2 and 3 (the supply company). She submits, 'No Objection Certificate' (N.O.C.) furnished by petitioner was found to be forged. Hence, the disconnection happened. Petitioner might apply a fresh by furnishing indemnity and upon payment of requisite charges, the connection will be restored. On query she submits, private respondent no.4 denied having issued the N.O.C. and that is why her client came to the conclusion.
3. All that is required for a supply company to ascertain is whether applicant for electricity connection is in settled possession of premises, in which the connection is to be given. This view was taken by the full Bench of the Calcutta High Court on judgment dated 11th February, 2011 in Abhimanyu Mazumdar Vs. The Superintending Engineer reported in AIR 2011 Cal64.
4. On behalf of the supply company, authority to disconnect the line has not been demonstrated. They have to restore the
connection without raising any bill therefor. Ms. Mishra is requested to communicate website copy of this order to concerned authority of her client for immediate restoration within 48 hours from today, upon petitioner executing the required indemnity.
5. The writ petition is disposed of. Order Date :- 1.8.2025 Mohini (Arindam Sinha, J.) (Dr. Y.K. Srivastava, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad