SUDHA SINGH KUSHWAHA v. STATE OF U.P. AND 4 OTHERS
WRIC/25473/2025 · 2025-07-31
Arun Kumar Singh Deshwal, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79455 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79455 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129701-DB Court No. - 40 Case :- WRIT - C No. - 25473 of 2025 Petitioner :- Sudha Singh Kushwaha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Shukla,Vikas Rastogi Counsel for Respondent :- Arti Raje,C.S.C.,Upendra Kumar Singh,Vijay Bahadur Maurya Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. List of fresh cases has been revised. Learned counsel for the respondent nos. 3 & 4 is not present. 2. Heard learned counsel for the petitioner and learned counsel for respondent no.1, 2 & 5. 3. Petitioner is claiming living right on the basis of a Will executed by her father late Veer Bhagat Singh Kushwaha in respect of a House Ho. A-58, Awas Vikas Colony, Jhalwa, Tehsil Sadar District Prayagraj. 4. It appears that there is a private litigation between the petitioner and the respondent no.5 who is real brother of the petitioner. 5. According to the petitioner, she has taken water connection on the first floor of the house on which petitioner is residing. The petitioner apprehends that the respondent nos.3 and 4 can disconnect the water supply of the petitioner at any time at the behest of the respondent No.5. 6. Learned counsel for the respondent no.5 submits that the respondent no.5 has submitted an application to the respondent nos.3 and 4 informing that the petitioner's water connection is illegal inasmuch as same has been obtained without seeking permission of the Awas Vikas who is lessor of the aforesaid house. 7. Learned counsel for the respondent no.5 does not dispute that there is a water connection in favour of the petitioner. 8. In such view of the aforesaid fact, the writ petition is disposed off directing the respondent nos.3 and 4 not to disconnect the
water connection of the petitioner without following due procedure of law and without giving any notice and opportunity of hearing to the petitioner. 9. By the aforesaid order, it does not mean that absolute injunction has been granted in favour of the petitioner. 10. If the respondent nos.3 and 4 finds that the water connection of the petitioner is not as per the law then they may initiate a proceeding for disconnection after giving due notice and opportunity of hearing to the petitioner.
Order Date :- 1.8.2025 SS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad