Amit Singh vs Purvanchal Vidyut Vitaran Nigam ...
2013 Latest Caselaw 7249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 10434 of 2010
 

 
Petitioner :- Amit Singh
 
Respondent :- Purvanchal Vidyut Vitaran Nigam Ltd. Thr M.D. And Others
 
Counsel for Petitioner :- Anoop Trivedi
 
Counsel for Respondent :- H.P. Dube,O.P.Singh,S.C.,S.K.Rao
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

It is not in dispute that the electricity connection at premises No. 580 A/463, Mumfordganj, Allahabad at present stands in the name of Smt. Soni Yadav, respondent No. 3 who came to be owner of the premises. On the application of Soni Yadav, the supply of electrical energy to the premises has been directed to be permanently disconnected.

The petitioner who is none other that the real brother of Soni Yadav claims with the premises in question has been purchased by their father in the name of Soni Yadav, and even otherwise being undisputedly occupier of the premises in question he is entitled to have electricity connection in his own name at the premises, and it is further stated that the petitioner is ready to indemnify the corporation in respect of the bills to be issued against the said installation.

The supply of the electrical energy has admittedly being disconnected on 20.2.2010 (reference page 15 of the paper book). However, under an interim order of the Court dated 24.2.2010 the supply of the electrical energy was directed to be restored.

Having heard the learned counsel for the parties and examined the record, we are of the considered opinion that the petitioner cannot insist that the supply of electrical energy at the premises in question should continue in the name of respondent no. 3 inasmuch as the respondent no. 3 in her own right is authorised to seek permanent disconnection of the electrical energy.  Such right of the petitioner cannot be interfered with only because it may cause some hardship to the petitioner.

If the petitioner as occupier seeks a separate electricity connection in his own name and if such an application complete in all respects, has already been submitted by the petitioner, the same may be processed by respondent no. 2 in accordance with law.

All appropriate action may be taken within 10 days of the receipt of the certified copy of this order.

The writ petition is disposed of.

Interim order, if any, stands vacated.

Order Date :- 2.12.2013

Priyanka