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Neutral Citation No. - 2025:AHC:32474-DB Court No. - 40 Case :- WRIT - C No. - 1183 of 2025 Petitioner :- Dharm Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bhanu Pratap Singh Kachhawah,Rishabh Pratap Singh Kachhawah 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 parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- (i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned notice dated 28.12.2024 (Annexure no.-1) issued by the respondent no.5, (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to reconnect/continue the electricity supply of 7 H.P. load of electricity line to the private tubewell installed at petitioner's property bearing connection no.771601957811 and account no.1395604000 situated at Khasra no.416 admeasuring 2-0- 0, situated at Village - Sikheda, District - Hapur (U.P.),"
3. It is clear from the notice issued to the petitioner dated December 28, 2024 and the permanent disconnection that no proper reasons have been provided by the authority concerned before carrying out the permanent disconnection. It is to be noted that there is no dues with regard to the electricity.
4. Learned counsel appearing on behalf of the respondents submits that tubewell has been installed on the gaon sabha land, and therefore, said permanent disconnection has been done.
5. No explanation has been given in the impugned notice, and accordingly, the disconnection that has been done is illegal.
6. In light of the same, authority concerned is directed to grant an
opportunity of hearing to the petitioner, and thereafter, pass a reasoned order within a period of three weeks from date in accordance with law.
7. With the above direction, the writ petition is disposed of. Order Date :- 6.3.2025 Dev (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad