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2025 DAILYLAW 81545 (ALL)

PRAMOD KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/25913/2025 · 2025-08-04

Manjive Shukla, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131814-DB Court No. - 39 Case :- WRIT - C No. - 25913 of 2025 Petitioner :- Pramod Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kavindra Dwivedi,Abhishek Mishra Counsel for Respondent :- Alok Mishra,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Manjive Shukla,J. 1. Mr. Kavindra Dwivedi, learned advocate appears on behalf of petitioner and submits, prayer of his client is to direct the supply company to grant new electricity connection on his client's application no.1008533868 within a stipulated point of time. Drawing attention to requisition no.4 made by letter dated 25th June, 2025 he submits, the requirement of consent from all owners is beyond clause 9 under rule 4 in Electricity (Rights of Consumers) Rules, 2020. Said clause 9 is reproduced below. "4(9) For new connections up to a load of 10 kW or such higher load as may be specified by the Commission, the application form shall be accompanied with only two mandatory documents- (1) identity proof (i.e. Passport, Aadhar Card etc.) of the applicant; and (2) proof of applicant's ownership or occupancy over the premises for which new connection is being sought or in the absence of any proof of ownership or occupancy, any other address proof not given as part of identity proof under (1) above. For new connections beyond the specified load, and modification of existing connection, the Commission shall explicitly specify the documents required to be submitted with the application." (emphasis supplied) 2. Mr. Ashim Mukherjee, learned advocate, Standing Counsel appears on behalf of State. None appears on behalf of respondent nos.2 and 3 (the supply company). 3. We see nothing wrong in requisition no.4 made by said letter dated 25th June, 2025. Sub clause (2) under clause 9 requires applicant to furnish proof of ownership or occupancy. On query, we are told, the land is co-owned. Petitioner being one of several co-owners cannot be said to have proved his ownership as ownership of the land is with several persons. Hence, the supply company has asked for consent. As such, no interference is warranted. 4. The writ petition is disposed of. Order Date :- 5.8.2025 Salim (Arindam Sinha, J.) (Manjive Shukla, J.) Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad