Neutral Citation No. - 2025:AHC:18560-DB Court No. - 40 Case :- WRIT - C No. - 1859 of 2025 Petitioner :- Mahendra Singh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramanuj Yadav Counsel for Respondent :- Abhishek Kumar Yadav,C.S.C.,Preetam Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the State. 2. It appears that civil suit is pending between the petitioner and the respondent no.5. In the meantime, the respondent no.5 has made an application for permanent disconnection of the electric connection of the premises wherein the petitioner is staying as tenant. 3. The petitioner received a notice dated 28.12.2024 from the Executive Engineer with regard to permanent disconnection of the electric connection. 4. Learned counsel appearing on behalf of the respondent no.5 submits that the letter dated 28.12.2024 is not under challenge. 5. We are of the view that the first prayer in the writ petition seeking a writ of mandamus upon the respondent nos.2 to 4 not to disconnect the electric connection is a challenge to this letter. 6. Upon considering the facts and circumstances, we find that a prima-facie case is made out by the petitioner which indicates that he is a tenant and staying in the said premises. Just because of civil suit is pending, does not entitle the respondent no.5 to have the electric connection disconnected as right to electricity is a fundamental right granted under the Constitution of India. 7. Accordingly, the notice dated 28.12.2024 is stayed. The stay shall continue unless any contrary order is passed by the civil court with regard to disconnection of the electric connection. 8. This writ petition is disposed of with liberty granted to both the parties to act in accordance with law. The authorities shall abide by the direction provided herein above. Order Date :- 7.2.2025 Kpy (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad