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2026 DAILYLAW 10222 (ALL)

APARNA SINGH v. STATE OF U.P. AND 2 OTHERS

WRIC/38545/2026 · 2026-09-23

Ajit Kumar, Garima Prashad

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38545 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE GARIMA PRASHAD, J. 1. The petitioner is aggrieved by non-supply of potable water through the water tap and accordingly claims a connection, as his brother-in-law, who has disconnected the water supply resides on the ground floor. It is argued on behalf of the petitioner that a dispute is going on with regard to the property in question, which belongs to the petitioner's mother-in-law, and that so long as the dispute is not resolved between the parties, the petitioner cannot be denied essential services like water and electricity supply. 2. Shri Praveen Kumar, learned counsel for respondent nos. 2 and 3, submits that he has no difficulty in providing connection to the petitioner insofar as water supply is concerned. 3. Shri Sharad Kumar Srivastava, learned counsel for the respondent, submits that the petitioner resides on the first floor and raises an objection on the ground that a Will has already been executed by his mother in his favour and that a dispute is going on in the civil court between the parties. He clearly admits that the younger brother has already died and his children are residing with his mother. 4. In view of the aforesaid circumstances, we are of the considered view that a person who has a right to live on a property by way of natural succession cannot be denied essential services, except until the matter of title, which is the subject matter of the civil suit, is finally adjudicated in respect of the property in question. 5. Accordingly, we direct the Nagar Palika Parishad concerned to provide Versus Counsel for Petitioner(s) : Shivanand Mishra, Vijay Shankar Shukla Counsel for Respondent(s) : C.S.C., Praveen Kumar Aparna Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) water connection to the petitioner on the first floor of the house within a week of presentation of a certified copy of this order. However, we make it clear that the water connection and electricity connection on the first floor of the house will not in any manner influence the civil litigation going on between the parties. 6. Accordingly, the petition stands disposed of. September 24, 2026 Sachin Mishra WRIC No. 38545 of 2026 2 (Garima Prashad,J.) (Ajit Kumar,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad