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2025 DAILYLAW 93948 (ALL)

SMT RAJESH SAINI AND ANOTHER v. MANAGING DIRECTOR, URJA BHAWAN, PASHCHIMANCHAL VIDYUT VITRAN NIGAM LTD AND 4 OTHERS

WRIC/32346/2025 · 2025-10-06

Saral Srivastava, Sudhanshu Chauhan

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32346 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioners and learned counsel for the respondents. 2. The petitioners by means of the present writ petition have prayed for the following relief:- "i. Issue a writ, order or direction in the nature of certiorari quashing the order passed by the respondent no.3 removing the name of the petitioner no.2 as consumer holding Account No.1378963771 at Plot No.SH-8A/2 Sector 141, Noida after summoning the original from the respondent no.3. ii. Issue a suitable writ, order or direction or a writ in the nature of mandamus directing the respondent nos.1 to 3 to restore the electricity connection of the petitioners having Account No.1378963771 at Plot No.SH-8A/2 Sector 141, Noida. iii. Pass any other order or direction as this Hon'ble Court may deem fit and proper. iv. Allow this petition with costs." 3. It is contended by the learned counsel for the petitioners that petitioners are in possession over Plot No.SH-8A/2 Sector 141, Noida through sale deed. The transfer deed of leasehold rights of the petitioners has been challenged by the respondent no.4-Vikas Kumar in Original Suit No.1482 of 2023 in which, he has obtained an ex-parte decree. It is contended that the petitioners have already moved an application under Order 9 Rule 13 of Versus Counsel for Petitioner(s) : Saumya Srivastava Counsel for Respondent(s) : Abhishek Srivastava, C.S.C., Kartikeya Saran Smt Rajesh Saini And Another .....Petitioner(s) Managing Director, Urja Bhawan, Pashchimanchal Vidyut Vitran Nigam Ltd And 4 Others .....Respondent(s) C.P.C. for setting aside the ex-parte decree. 4. It is further contended that the petitioners are continuing in possession over the aforesaid plot, and the respondents-authorities have illegally disconnected the electricity connection of the petitioners. It is contended that no notice or opportunity of hearing was given to the petitioners before disconnecting the electricity connection of petitioners. 5. Considering the aforesaid facts and circumstances of the case, we dispose off the writ petition permitting the petitioners to move a detailed representation against the illegal disconnection of electricity before the respondent no.3-Executive Engineer, Electricity Urban Distribution Division (EUDD) III, Noida, Paschimanchal Vidyut Vitran Nigam Ltd. within a period of two weeks from today. On submitting such representation, the respondent no.3 shall consider and decide the same strictly in accordance with law after giving due notice and opportunity of hearing to the petitioners within a period of two weeks from the date he receives the representation of the petitioners. October 7, 2025 Sattyarth WRIC No. 32346 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad