ORDER :

1. Heard Sri Muktesh Kumar Singh, learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned Counsel for the respondent nos. 3, 4 and 5, learned Standing Counsel for respondent nos. 1 and 2 and perused the record.

2. The petitioner by means of the present petition, has prayed for quashing the impugned order dated 28.06.2019 passed by respondent no. 5 whereby certain more information has been sought from the petitioner regarding her possession over the property in question as electricity connection is being sought by the petitioner.

3. The controversy has arisen on account of landlord tenant dispute between the petitioner and respondent nos. 5 to 10 on account of death of the main land-lady Rubiya Begam, w/o Azeemullah. The facts as have pleaded in the present writ petition are that on account of dispute of succession amongst the heirs who are respondent nos. 6 to 10 here in this petition, the petitioner has been under serious threat of eviction in an unauthorized way from the premises in question. Since she was a tenant for Rs. 200/- per month for the accommodation let out to her by late Rubiya Begam and the petitioner has Rashan Card and permanent Adhar Card issued on the said address, she instituted a suit for permanent injunction bearing O.S. No. 294/2019 which is pending in the court of Civil Judge (Junior Division), Aligarh. However, during the pendency of the said suit, respondents got electricity connection in the name of Rubiya Begam cancelled. This led the petitioner to apply for fresh electricity connection to her accommodation. She also submitted Indemnity Bond as per annexure 4.2 of the U.P. Electricity Supply Code, 2005, dated 25.6.2019 but instead of granting the electricity connection, she has been further directed to supply further documents of proof of possession. The notice dated 28.6.2019 does refer to certain documents like Rashan Card and Adhar Card supplied by the petitioner, however, in spite of that, the petitioner submits, she has been denied electricity connection because of the letter by the heirs of the earlier land-lady that no fresh connection be given without NOC of landlord being produced. Thus upon the said letter, the Executive Officer passed order dated 1.7.2019 refusing the fresh electricity connection to the petitioner.

4. The argument advanced by learned counsel for the petitioner is that the petitioner has filed Rashan Card and Adhar Card which themselves are proof of her possession over the premises in question and it is further submitted that since after the death of land-lady, her successors refused to accept the rent, she could not produce the rent receipt. It is further submitted that Indemnity Bond as required Annexure 4.2 of the Electricity Supply Code, 2005 is meant for such purposes where electricity connection are being sought by the tenant and NOC is not given by its landlord.

5. We have examined the relevant provisions of U.P. Electricity Supply Code, 2005 for the purposes of grant of electricity connection and we appreciate that annexure 4.2 is in respect of an intending consumer who is not owner of the premises. We however find that a person who has obtained Rashan Card and Adhar Card issued way back in the year 2016-17 is having sufficient proof at valid possession for the limited purposes i.e. grant of electricity connection. Besides above, the fact of suit for injunction being going on between the parties, at the instance of respondent is sufficient fact further to demonstrate that the premises in question is in possession of the petitioner and she is under threat of being evicted without due process of law. Providing basic necessity is the duty of the State as the electricity in modern times is basic necessity more especially when persons are residing in semi urban and urban areas. In most of the cases where there is dispute between the landlord and the tenant, the landlord can never issue no objection certificate as he intends to evict his tenant and disco