Mohammad Izlal Siddiqui v. State Of U.P. Thru. Its Addl. Chief Secy./Prin
Case at a glance
Outcome
Disposed of
The Writ Petition stands disposed of
Judgment
The petitioner's grievance is that he has applied for an electricity connection at the house situated in Village Muzaffar Khedi, Behind S. M. University, Sarosa Bharosa, Mohan Road Sadrauna, District Lucknow, which he claims to be his, however, learned counsel for the Electricity Corporation says that ownership of the ancestral house is disputed as it is not recorded in the name of the petitioner and there is a suit pending for partition, however, in the same vein, she submits that if an Indemnity Bond is submitted by the petitioner and other requirements are satisfied including the possession of the petitioner, then the application for grant of electricity connection can be considered. Considering the judgment of this Court reported in 2014 (6) ADJ 672, Seema Mansoor vs. U.P. Power Corporation Ltd., and the decision of the Supreme Court in the case reported in (2011) 12 SCC 314, Sri Chandu Khamaru v.
Nayan Malik & ors., though they were rendered in the case of tenant-landlord but on the principles enunciated therein, it is provided that if the petitioner has already applied for grant of an electricity connection on the premises in question, then the concerned Sub Divisional Officer/Executive Engineer or whosoever is competent in this regard shall process the same, verify as to whether the petitioner is in lawful possession of the said premises or not and thereafter take a decision for grant of electricity connection in accordance with law keeping in mind the aforesaid decisions and the principles contained therein. The Indemnity Bond would be submitted by the petitioner in terms of the principles contained in para 4.4 of the Electricity Supply Code, 2005 even if the petitioner claims himself to be the owner as there is a partition suit pending as per the Electricity Corporation's counsel.
Operative part
This order, however, shall have no bearing, whatsoever, on any question of possession or title pending before any Court or Authority in respect of the premises in question involving the parties herein. We make it clear that if there is any restraint order of any Court, which does not entitle the petitioner to get electricity connection, then benefit of our order shall not be available to the petitioner. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 25.3.2025 Saurabh SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Writ Petition stands disposed of
Which court decided this case, and when?
Allahabad High Court, on 25 Mar 2025. The bench was RAJAN ROY, PRAKASH SHUKLA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.