JUDGMENT :

Anish Kumar Gupta, J.

1. Heard Sri Prashant Pandey, learned counsel for the petitioner, learned Standing Counsel for the State respondent no.1 and Sri Udit Chandra, learned counsel for the respondents no.2 and 3.

2. Learned counsel for the petitioner submits that the petitioner is tenant of a small shop measuring 7’4’’ x 7’ in House No. CK-48/207 Rehmat Market, Hadha Saray, Varanasi. It is alleged that he is tenant of the aforesaid shop since 1997 and he uses alternative sources of energy. Now, he wants an electric connection and for that purpose moved an application on 22.2.2022 before the respondent no.3 for electric connection in the aforesaid premises, but the respondents are not granting electric connection on the pretext that there are certain dues in respect of the building in which the shop of the petitioner is situated.

3. Aggrieved with the non-grant of electricity connection by the respondents, the petitioner has filed the present writ petition praying for the following relief:-

“i. issue, a writ, order or direction in the nature of mandamus directing the respondent no.3 to provide the electricity connection in the shop of the petitioner i.e. Shop at CK-48/207 Rehmat Market, Hadaha Saray, Varanasi in accordance with the provisions.”

4. Learned counsel for the respondents no.2 and 3 submits that since there are dues with respect to the building in question, therefore, no new electric connection can be granted for the shop occupied by the petitioner.

5. Learned counsel for the petitioner submits that there are no electricity dues either against the petitioner or in respect of premises in question i.e. shop occupied by the petitioner, therefore, there is no legal impediment to grant new electric connection to the petitioner.

6. We have carefully considered the submission of learned counsel for the parties.

7. We find that para 4.1 of the Uttar Pradesh Electricity Supply Code, 2005 (hereinafter referred to as "the Code, 2005") provide for grant of supply of electricity, which is reproduced below:-

“CHAPTER 4 PROCEDURE FOR GRANT OF SUPPLY

4.1 Licensee’s Obligation to Supply :

The Licensee shall on an application by the owner or occupier of any premises, located in his area of supply, give supply of electricity to such premises within the one month after receipt of completed application showing payments of necessary charges and other compliances :

Provided also in case of application for supply from a village or hamlet or areas wherein no provision for supply of electricity exists, the Commission shall extend the time period for provision of supply appropriately on a case-to-case basis:

Provided further that, in case of arrears of electricity dues in respect of any of old consumers / premises where ownership has changed, the new connection shall be released to the new owners only after submission of No-Dues Certificate as provided in clause 4.3(f): and

Provided that, if there are arrears of electricity dues on a premises, a new connection shall not be released to a new applicant/ or the old consumer on the same premises. The connection shall also not be released if—

(i) The applicant (being an individual) is an associate or relative (as defined in Section 2 and 6 respectively of the Companies Act, 1956) of the defaulting consumer,

(ii) Or where the applicant being a company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person, is controlled, or having controlling interest in the defaulting consumer, provided, the Licensee shall not refuse electric connection on this ground, unless an opportunity to present his case is provided to the applicant and a reasoned order is passed by an officer as designated by the licensee.”

8. Learned counsel for respondent nos. 2 and 3 has heavily relied upon the third proviso to para 4.1 of the Code, 2005 and submits that since t