CHANDRA PRAKASH SHARMA ALIAS CHANDRAPRAKASH v. STATE OF U.P. AND 4 OTHERS
WRIC/1412/2025 · 2025-03-06
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7034 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7034 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:33254-DB Court No. - 40 Case :- WRIT - C No. - 1412 of 2025 Petitioner :- Chandra Prakash Sharma Alias Chandraprakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Himanshu Singh Counsel for Respondent :- Baleshwar Chaturvedi,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the respondent No.1, learned counsel appearing on behalf of the Electricity Department and Mr. Hare Ram, learned counsel appearing on behalf of the respondent No.4.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondents No.2 and 3 in restoring the electricity supply/connection of the petitioner.
3. In the present case, an eviction suit has been filed by the landlord against the petitioner herein. This is an admitted position. Such being a case, it is obvious that the petitioner is in possession of the property, and accordingly, the petitioner has a right to electricity as per Article 21 of the Constitution of India.
4. In light of the above, the Electricity Department is directed to restore the electricity connection of the petitioner within a period of 48 hours. The Electricity Department is at liberty to take indemnity bond from the petitioner in accordance with the Statute while restoring the electricity connection of the petitioner.
5. We note that in the present case, the permanent disconnection has illegally been done by the Electricity Department as the same has been done without any authority given by the petitioner. Order Date :- 7.3.2025 Rakesh (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad