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PANKAJ NAQVI, PIYUSH AGRAWAL
Divya Sahani – Appellant
Versus
State of U. P. – Respondent
Understood. Please provide the legal document content (inside
JUDGMENT :
Heard Sri Suresh Chandra, learned counsel for the petitioner, Sri Shravan Kumar Tripathi for respondent no. 2 and the learned standing counsel.
This writ petition has been filed, seeking a writ of mandamus, commanding the respondents to supply an electricity connection in the name of the petitioner at Flat No. MS-4, Second Floor, Pandav Nagar, Meerut.
1. The petitioner claims to have a registered gift deed dated 17.12.2018 in her favour from her mother in respect of property situate at Flat No. MS-4, 2nd Floor, Pandav Nagar, Meerut. The petitioner applied for electricity connection at the above premises after ensuring due compliance and was accordingly granted electricity connection on 24.8.2020. It appears that on an objection raised by her maternal grand mother Sheela Kalra wife of Late Amarnath Kalra that as the aforesaid property is a subject matter of dispute in Civil Suit No. 333/2020 before the Civil Judge (SD), Meerut, respondent no. 2 proceeded to disconnect the power connection on 31.8.2020. The complainant (Sheela Kalra) is reported to be no more.
2. The sole ground for disconnection is the mere pendency of the above suit.
3. Learned counsel for the Power Corporati
Point of law: Processing of Application for Supply - Grant of electricity connection to applicant merely on ground that there is a pending dispute in respect of property where electricity connection ....
Possession of the subject property is a crucial factor in determining the grant of an electricity connection, and the pendency of a civil suit should not automatically disentitle the petitioners from....
Possession of property entitles petitioners to an electricity connection, even if a civil suit is pending, as it cannot be the sole ground for denial.
The court balanced the right to electricity supply with the pending legal proceedings and the directive from the municipal corporation, ultimately allowing the restoration of electricity supply subje....
The court emphasized the need for a fair hearing and consideration of applications for electricity service connection in accordance with the law, despite the pending ownership dispute.
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
Settled possession grants entitlement to services despite ongoing title disputes, with ownership determinations reserved for civil courts.
Electricity supply cannot be denied to a lawful occupant based on landlord's refusal to provide NOC; the applicant's legal occupation is sufficient for connection processing.
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